Federal Identity Theft Law – 18U.S.C-§-1028

Federal criminal law outlines activities constituting identity theft under 18 U.S.C. § 1028. Violating this statute exposes a person to severe criminal penalties, including potentially significant prison time.

 

 

What Is 18 U.S.C § 1028?

18 U.S.C. § 1028 is a federal law that criminalizes identity document fraud. It covers the making, use, and possession of fake IDs, the theft of someone’s identity, and the production of false government documents. Violations can lead to fines and prison time, especially if the fraud involves specific types of serious offenses.

Types of Federal Identity Theft Offenses

Common examples of federal identity theft offenses include:

• Possessing, transferring, or unlawfully using a federal identification document, such as a passport or military ID
• Possessing an identification document to defraud the U.S.
• Possessing document-making equipment with the intent to produce false ID documents
• Possessing or unlawfully using someone else’s ID to commit unlawful activity under state or federal law

California also has its own identity theft laws (Penal Code § 530.5 PC) prohibiting using another person’s identity for an illegal purpose.  

Penalties for Violating 18 U.S.C § 1028

Penalties for federal identity theft vary depending on the circumstances of the offense. A person may face a sentence that includes a fine, up to 15 years in prison, or both a fine and imprisonment if the offense involves:

• The production or transfer of an ID document, authentication feature (e.g., a watermark), or false ID document issued by or under the authority of the U.S. or a birth certificate, driver’s license, or personal ID card
• The production or transfer of more than five ID documents, authentication features, or false ID documents
• The knowing production, transfer, or production of document-making equipment with the intent to use it to produce a false ID document or authentication feature
• The knowing possession, transfer, or unlawful use of a means of ID to commit or aid in unlawful activity that obtains an aggregate value of $1,000 or more over one year

A person may face a penalty that includes a fine and potentially up to five years in prison if the offense involves the production or transfer of an ID document, authentication feature, or false ID document.

A sentence for identity theft may impose up to 20 years in prison if the offense involves drug trafficking, a violent crime, or a second or subsequent federal identity theft offense. Finally, a defendant may face up to 30 years in prison if they commit identity theft to facilitate terrorism. 

In any other case, an identity theft conviction carries a maximum prison term of one year. 

Defenses Against Identity Theft Charges

Common defenses used in federal identity theft cases include:

• Lack of intent to commit an unlawful offense
• Lack of knowledge that you committed a crime
• Lawful possession
• Insufficient evidence
• False accusation

How a Los Angeles Federal Identity Theft Attorney Can Help

A California criminal defense attorney can help you face prosecution for charges of violations of federal identity theft laws by:

• Independently investigating your charges for evidence to build your case
• Identifying possible defense strategies to pursue a reduction, dismissal, or acquittal
• Helping you understand the possible outcomes of your charges so you make informed decisions
• Fighting for the best possible outcome at trial

When you face federal charges for violating 18 U.S.C. § 1028, you need experienced legal counsel to protect your future. Contact the Law Offices of Justin E. Sterling today for a free consultation with a Los Angeles federal identity theft attorney.