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8.77 Fraud in Connection With Identification Documents-Possession of Five or More Documents (18 U.S.C. Sec. 1028(a)(3))

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

8.77 Fraud in Connection With Identification Documents-Possession of Five or More Documents (18 U.S.C. Sec. 1028(a)(3)) is a federal offense that occurs when a person has in their possession five or more identification documents that are false, counterfeit, stolen, or otherwise unlawfully obtained. This offense can also encompass the possession of five or more devices used to make false identification documents, such as blank Social Security cards. The penalty for this offense may vary depending on the facts of the case, but can include a prison sentence of up to 15 years, a fine, or both. There are two types of 8.77 Fraud in Connection With Identification Documents-Possession of Five or More Documents (18 U.S.C. Sec. 1028(a)(3)): (1) Aggravated Identity Theft, and (2) Production of False Identification Documents. Aggravated Identity Theft involves the possession of five or more false identification documents that are used to commit identity theft or fraud. Production of False Identification Documents entails the possession of five or more devices used to make false identification documents, such as blank Social Security cards.

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FAQ

18 U.S. Code § 1028 - Fraud and related activity in connection with identification documents, authentication features, and information U.S. Code US Law LII / Legal Information Institute.

The federal crime is aggravated identity theft under 18 U.S.C § 1028A is defined as: "Anyone who knowingly transfers, possesses, or uses, a means of identification of somebody shall, in addition to the felony penalties, will be sentenced to imprisonment of 2 years, or five years for terrorism."

(7) the term ?means of identification? means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any? (A) name, social security number, date of birth, official State or government issued driver's license or identification number, alien

§ 1028(a)(2)); Possessing with intent to use unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor) or false identification documents (18 U.S.C.

More info

Knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification;. 8.77 FRAUD IN CONNECTION WITH IDENTIFICATION DOCUMENTS—POSSESSION OF FIVE OR MORE DOCUMENTS (18 U.S.C. § 1028(a)(3)).18 U.S.C. 1028 - Fraud and related activity in connection with identification documents, authentication features, and information. Crimes and Criminal Procedure § 1028. Fraud and related activity in connection with identification documents. (a) Whoever, in a circumstance described in subsection (c) of this section—. 18 U.S.C. § 1028 lays out penalties for anyone who knowingly produces an identification, false document, or possesses documents to defraud. 8.77. Fraud in Connection With Identification. Documents—Possession of Five or More Documents. 3 Portions of this report draw upon two earlier documents, CRS Rept.

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8.77 Fraud in Connection With Identification Documents-Possession of Five or More Documents (18 U.S.C. Sec. 1028(a)(3))