-CITE-
18 USC Sec. 1028 01/19/04

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-
Sec. 1028. Fraud and related activity in connection with
identification documents, authentication features, and
information

-STATUTE-
(a) Whoever, in a circumstance described in subsection (c) of
this section -
(1) knowingly and without lawful authority produces an
identification document, authentication feature, or a false
identification document;
(2) knowingly transfers an identification document,
authentication feature, or a false identification document
knowing that such document or feature was stolen or produced
without lawful authority;
(3) knowingly possesses with intent to use unlawfully or
transfer unlawfully five or more identification documents (other
than those issued lawfully for the use of the possessor),
authentication features, or false identification documents;
(4) knowingly possesses an identification document (other than
one issued lawfully for the use of the possessor), authentication
feature, or a false identification document, with the intent such
document or feature be used to defraud the United States;
(5) knowingly produces, transfers, or possesses a
document-making implement or authentication feature with the
intent such document-making implement or authentication feature
will be used in the production of a false identification document
or another document-making implement or authentication feature
which will be so used;
(6) knowingly possesses an identification document or
authentication feature that is or appears to be an identification
document or authentication feature of the United States which is
stolen or produced without lawful authority knowing that such
document or feature was stolen or produced without such
authority;
(7) knowingly transfers or uses, without lawful authority, a
means of identification of another person with the intent to
commit, or to aid or abet, any unlawful activity that constitutes
a violation of Federal law, or that constitutes a felony under
any applicable State or local law; or
(8) knowingly traffics in false authentication features for use
in false identification documents, document-making implements, or
means of identification;

shall be punished as provided in subsection (b) of this section.
(b) The punishment for an offense under subsection (a) of this
section is -
(1) except as provided in paragraphs (3) and (4), a fine under
this title or imprisonment for not more than 15 years, or both,
if the offense is -
(A) the production or transfer of an identification document,
authentication feature, or false identification document that
is or appears to be -
(i) an identification document or authentication feature
issued by or under the authority of the United States; or
(ii) a birth certificate, or a driver's license or personal
identification card;

(B) the production or transfer of more than five
identification documents, authentication features, or false
identification documents;
(C) an offense under paragraph (5) of such subsection; or
(D) an offense under paragraph (7) of such subsection that
involves the transfer or use of 1 or more means of
identification if, as a result of the offense, any individual
committing the offense obtains anything of value aggregating
$1,000 or more during any 1-year period;

(2) except as provided in paragraphs (3) and (4), a fine under
this title or imprisonment for not more than three years, or
both, if the offense is -
(A) any other production, transfer, or use of a means of
identification, an identification document,,(!1) authentication
feature, or a false identification document; or

(B) an offense under paragraph (3) or (7) of such subsection;

(3) a fine under this title or imprisonment for not more than
20 years, or both, if the offense is committed -
(A) to facilitate a drug trafficking crime (as defined in
section 929(a)(2));
(B) in connection with a crime of violence (as defined in
section 924(c)(3)); or
(C) after a prior conviction under this section becomes
final;

(4) a fine under this title or imprisonment for not more than
25 years, or both, if the offense is committed to facilitate an
act of international terrorism (as defined in section 2331(1) of
this title);
(5) in the case of any offense under subsection (a), forfeiture
to the United States of any personal property used or intended to
be used to commit the offense; and
(6) a fine under this title or imprisonment for not more than
one year, or both, in any other case.

(c) The circumstance referred to in subsection (a) of this
section is that -
(1) the identification document, authentication feature, or
false identification document is or appears to be issued by or
under the authority of the United States or the document-making
implement is designed or suited for making such an identification
document, authentication feature, or false identification
document;
(2) the offense is an offense under subsection (a)(4) of this
section; or
(3) either -
(A) the production, transfer, possession, or use prohibited
by this section is in or affects interstate or foreign
commerce, including the transfer of a document by electronic
means; or
(B) the means of identification, identification document,
false identification document, or document-making implement is
transported in the mail in the course of the production,
transfer, possession, or use prohibited by this section.

(d) In this section -
(1) the term "authentication feature" means any hologram,
watermark, certification, symbol, code, image, sequence of
numbers or letters, or other feature that either individually or
in combination with another feature is used by the issuing
authority on an identification document, document-making
implement, or means of identification to determine if the
document is counterfeit, altered, or otherwise falsified;
(2) the term "document-making implement" means any implement,
impression, template, computer file, computer disc, electronic
device, or computer hardware or software, that is specifically
configured or primarily used for making an identification
document, a false identification document, or another
document-making implement;
(3) the term "identification document" means a document made or
issued by or under the authority of the United States Government,
a State, political subdivision of a State, a foreign government,
political subdivision of a foreign government, an international
governmental or an international quasi-governmental organization
which, when completed with information concerning a particular
individual, is of a type intended or commonly accepted for the
purpose of identification of individuals;
(4) the term "false identification document" means a document
of a type intended or commonly accepted for the purposes of
identification of individuals that -
(A) is not issued by or under the authority of a governmental
entity or was issued under the authority of a governmental
entity but was subsequently altered for purposes of deceit; and
(B) appears to be issued by or under the authority of the
United States Government, a State, a political subdivision of a
State, a foreign government, a political subdivision of a
foreign government, or an international governmental or
quasi-governmental organization;

(5) the term "false authentication feature" means an
authentication feature that -
(A) is genuine in origin, but, without the authorization of
the issuing authority, has been tampered with or altered for
purposes of deceit;
(B) is genuine, but has been distributed, or is intended for
distribution, without the authorization of the issuing
authority and not in connection with a lawfully made
identification document, document-making implement, or means of
identification to which such authentication feature is intended
to be affixed or embedded by the respective issuing authority;
or
(C) appears to be genuine, but is not;

(6) the term "issuing authority" -
(A) means any governmental entity or agency that is
authorized to issue identification documents, means of
identification, or authentication features; and
(B) includes the United States Government, a State, a
political subdivision of a State, a foreign government, a
political subdivision of a foreign government, or an
international government or quasi-governmental organization;

(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 registration number, government passport number,
employer or taxpayer identification number;
(B) unique biometric data, such as fingerprint, voice print,
retina or iris image, or other unique physical representation;
(C) unique electronic identification number, address, or
routing code; or
(D) telecommunication identifying information or access
device (as defined in section 1029(e));

(8) the term "personal identification card" means an
identification document issued by a State or local government
solely for the purpose of identification;
(9) the term "produce" includes alter, authenticate, or
assemble;
(10) the term "transfer" includes selecting an identification
document, false identification document, or document-making
implement and placing or directing the placement of such
identification document, false identification document, or
document-making implement on an online location where it is
available to others;
(11) the term "State" includes any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, and
any other commonwealth, possession, or territory of the United
States; and
(12) the term "traffic" means -
(A) to transport, transfer, or otherwise dispose of, to
another, as consideration for anything of value; or
(B) to make or obtain control of with intent to so transport,
transfer, or otherwise dispose of.

(e) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a political
subdivision of a State, or of an intelligence agency of the United
States, or any activity authorized under chapter 224 of this title.
(f) Attempt and Conspiracy. - Any person who attempts or
conspires to commit any offense under this section shall be subject
to the same penalties as those prescribed for the offense, the
commission of which was the object of the attempt or conspiracy.
(g) Forfeiture Procedures. - The forfeiture of property under
this section, including any seizure and disposition of the property
and any related judicial or administrative proceeding, shall be
governed by the provisions of section 413 (other than subsection
(d) of that section) of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 853).
(h) Forfeiture; Disposition. - In the circumstance in which any
person is convicted of a violation of subsection (a), the court
shall order, in addition to the penalty prescribed, the forfeiture
and destruction or other disposition of all illicit authentication
features, identification documents, document-making implements, or
means of identification.
(i) Rule of Construction. - For purpose of subsection (a)(7), a
single identification document or false identification document
that contains 1 or more means of identification shall be construed
to be 1 means of identification.

-SOURCE-
(Added Pub. L. 97-398, Sec. 2, Dec. 31, 1982, 96 Stat. 2009;
amended Pub. L. 99-646, Sec. 44(a), Nov. 10, 1986, 100 Stat. 3601;
Pub. L. 100-690, title VII, Sec. 7023, Nov. 18, 1988, 102 Stat.
4397; Pub. L. 101-647, title XII, Sec. 1205(e), Nov. 29, 1990, 104
Stat. 4831; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), (M),
(O), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104-208, div. C,
title II, Sec. 211(a)(1), Sept. 30, 1996, 110 Stat. 3009-569; Pub.
L. 104-294, title VI, Sec. 601(a)(3), (p), Oct. 11, 1996, 110 Stat.
3498, 3502; Pub. L. 105-318, Sec. 3(a)-(h)(1), Oct. 30, 1998, 112
Stat. 3007-3009; Pub. L. 106-578, Sec. 3, Dec. 28, 2000, 114 Stat.
3076; Pub. L. 108-21, title VI, Sec. 607(b), Apr. 30, 2003, 117
Stat. 689.)

-MISC1-
AMENDMENTS
2003 - Pub. L. 108-21, Sec. 607(b)(6), inserted ", authentication
features," after "documents" in section catchline.
Subsec. (a)(1). Pub. L. 108-21, Sec. 607(b)(1)(A), inserted ",
authentication feature," after "an identification document".
Subsec. (a)(2). Pub. L. 108-21, Sec. 607(b)(1)(B), inserted ",
authentication feature," after "an identification document" and "or
feature" after "such document".
Subsec. (a)(3). Pub. L. 108-21, Sec. 607(b)(1)(C), inserted ",
authentication features," after "possessor)".
Subsec. (a)(4). Pub. L. 108-21, Sec. 607(b)(1)(D), inserted ",
authentication feature," after "possessor)" and "or feature" after
"such document".
Subsec. (a)(5). Pub. L. 108-21, Sec. 607(b)(1)(E), inserted "or
authentication feature" after "implement" wherever appearing.
Subsec. (a)(6). Pub. L. 108-21, Sec. 607(b)(1)(F), inserted "or
authentication feature" before "that is or appears", "or
authentication feature" before "of the United States" and "or
feature" after "such document" and struck out "or" at end.
Subsec. (a)(7). Pub. L. 108-21, Sec. 607(b)(1)(G), inserted "or"
after semicolon at end.
Subsec. (a)(8). Pub. L. 108-21, Sec. 607(b)(1)(H), added par.
(8).
Subsec. (b)(1)(A). Pub. L. 108-21, Sec. 607(b)(2)(A)(i)(I),
inserted ", authentication feature," before "or false" in
introductory provisions.
Subsec. (b)(1)(A)(i). Pub. L. 108-21, Sec. 607(b)(2)(A)(i)(II),
inserted "or authentication feature" after "document".
Subsec. (b)(1)(B). Pub. L. 108-21, Sec. 607(b)(2)(A)(ii),
inserted ", authentication features," before "or false".
Subsec. (b)(2)(A). Pub. L. 108-21, Sec. 607(b)(2)(B), inserted ",
authentication feature," before "or a false".
Subsec. (c)(1). Pub. L. 108-21, Sec. 607(b)(3), inserted ",
authentication feature," before "or false" in two places.
Subsec. (d). Pub. L. 108-21, Sec. 607(b)(4), added pars. (1),
(5), (6) and (12), redesignated former pars. (1), (2), (3), (4),
(5), (6), (7), and (8) as pars. (2), (3), (4), (7), (8), (9), (10),
and (11), respectively, and in par. (4)(A) inserted "or was issued
under the authority of a governmental entity but was subsequently
altered for purposes of deceit" after "entity".
Subsecs. (h), (i). Pub. L. 108-21, Sec. 607(b)(5), added subsec.
(h) and redesignated former subsec. (h) as (i).
2000 - Subsec. (c)(3)(A). Pub. L. 106-578, Sec. 3(1), inserted ",
including the transfer of a document by electronic means" after
"commerce".
Subsec. (d)(1). Pub. L. 106-578, Sec. 3(2)(A), inserted
"template, computer file, computer disc," after "impression,".
Subsec. (d)(3) to (8). Pub. L. 106-578, Sec. 3(2)(B)-(F), added
pars. (3) and (7) and redesignated former pars. (3), (4), (5), and
(6) as (4), (5), (6), and (8), respectively.
1998 - Pub. L. 105-318, Sec. 3(h)(1), inserted "and information"
at end of section catchline.
Subsec. (a). Pub. L. 105-318, Sec. 3(a)(3), struck out "or
attempts to do so," before "shall be punished" in concluding
provisions.
Subsec. (a)(7). Pub. L. 105-318, Sec. 3(a)(1), (2), (4), added
par. (7).
Subsec. (b)(1)(D). Pub. L. 105-318, Sec. 3(b)(1), added subpar.
(D).
Subsec. (b)(2)(A). Pub. L. 105-318, Sec. 3(b)(2)(A), substituted
", transfer, or use of a means of identification, an identification
document, or a" for "or transfer of an identification document or".
Subsec. (b)(2)(B). Pub. L. 105-318, Sec. 3(b)(2)(B), inserted "or
(7)" after "(3)".
Subsec. (b)(3). Pub. L. 105-318, Sec. 3(b)(3), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: "a fine
under this title or imprisonment for not more than 20 years, or
both, if the offense is committed to facilitate a drug trafficking
crime (as defined in section 929(a)(2) of this title);".
Subsec. (b)(5), (6). Pub. L. 105-318, Sec. 3(b)(4)-(6), added
par. (5) and redesignated former par. (5) as (6).
Subsec. (c)(3). Pub. L. 105-318, Sec. 3(c), added par. (3) and
struck out former par. (3) which read as follows: "the production,
transfer, or possession prohibited by this section is in or affects
interstate or foreign commerce, or the identification document,
false identification document, or document-making implement is
transported in the mail in the course of the production, transfer,
or possession prohibited by this section."
Subsec. (d). Pub. L. 105-318, Sec. 3(d), amended subsec. (d)
generally. Prior to amendment, subsec. (d) consisted of pars. (1)
to (5) defining "identification document", "produce",
"document-making implement", "personal identification card", and
"State" as used in this section.
Subsec. (f). Pub. L. 105-318, Sec. 3(e), added subsec. (f).
Subsec. (g). Pub. L. 105-318, Sec. 3(f), added subsec. (g).
Subsec. (h). Pub. L. 105-318, Sec. 3(g), added subsec. (h).
1996 - Subsec. (a)(4), (5). Pub. L. 104-294, Sec. 601(p), struck
out "or" after semicolon in par. (4) and inserted "or" after
semicolon in par. (5).
Subsec. (b). Pub. L. 104-294, Sec. 601(a)(3), substituted "fine
under this title" for "fine of under this title" wherever
appearing.
Subsec. (b)(1). Pub. L. 104-208, Sec. 211(a)(1)(A), in
introductory provisions inserted "except as provided in paragraphs
(3) and (4)," after "(1)" and substituted "15 years" for "five
years".
Subsec. (b)(2). Pub. L. 104-208, Sec. 211(a)(1)(B), inserted
"except as provided in paragraphs (3) and (4)," after "(2)" in
introductory provisions and struck out "and" at end.
Subsec. (b)(3) to (5). Pub. L. 104-208, Sec. 211(a)(1)(C), (D),
added pars. (3) and (4) and redesignated former par. (3) as (5).
1994 - Subsec. (b)(1). Pub. L. 103-322, Sec. 330016(1)(O),
substituted "under this title" for "not more than $25,000".
Subsec. (b)(2). Pub. L. 103-322, Sec. 330016(1)(M), substituted
"under this title" for "not more than $15,000".
Subsec. (b)(3). Pub. L. 103-322, Sec. 330016(1)(K), substituted
"under this title" for "not more than $5,000".
1990 - Subsec. (d)(5). Pub. L. 101-647 inserted "commonwealth,"
before "possession or territory of the United States".
1988 - Subsec. (a)(6). Pub. L. 100-690 inserted "knowingly"
before "possesses", "lawful" before first reference to "authority",
and "such" before second reference to "authority".
1986 - Subsec. (e). Pub. L. 99-646 substituted "chapter 224 of
this title" for "title V of the Organized Crime Control Act of 1970
(18 U.S.C. note prec. 3481)".

EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-578, Sec. 5, Dec. 28, 2000, 114 Stat. 3077, provided
that: "This Act [amending this section, repealing section 1738 of
this title, and enacting provisions set out as a note below] and
the amendments made by this Act shall take effect 90 days after the
date of enactment of this Act [Dec. 28, 2000]."

EFFECTIVE DATE OF 1996 AMENDMENT
Section 211(c) of div. C of Pub. L. 104-208 provided that: "This
section [amending this section and sections 1425 to 1427, 1541 to
1544, and 1546 of this title and enacting provisions set out as a
note under section 994 of Title 28, Judiciary and Judicial
Procedure] and the amendments made by this section shall apply with
respect to offenses occurring on or after the date of the enactment
of this Act [Sept. 30, 1996]."

COORDINATING COMMITTEE ON FALSE IDENTIFICATION
Pub. L. 106-578, Sec. 2, Dec. 28, 2000, 114 Stat. 3075, provided
that:
"(a) In General. - The Attorney General and the Secretary of the
Treasury shall establish a coordinating committee to ensure,
through existing interagency task forces or other means, that the
creation and distribution of false identification documents (as
defined in section 1028(d)(3) [now 1028(d)(4)] of title 18, United
States Code, as added by section 3(2) of this Act) is vigorously
investigated and prosecuted.
"(b) Membership. - The coordinating committee shall consist of
the Director of the United States Secret Service, the Director of
the Federal Bureau of Investigation, the Attorney General, the
Commissioner of Social Security, and the Commissioner of
Immigration and Naturalization, or their respective designees.
"(c) Term. - The coordinating committee shall terminate 2 years
after the effective date of this Act [see Effective Date of 2000
Amendment note above].
"(d) Report. -
"(1) In general. - The Attorney General and the Secretary of
the Treasury, at the end of each year of the existence of the
committee, shall report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives on the activities of the committee.
"(2) Contents. - The report referred to in paragraph (1) shall
include -
"(A) the total number of indictments and informations, guilty
pleas, convictions, and acquittals resulting from the
investigation and prosecution of the creation and distribution
of false identification documents during the preceding year;
"(B) identification of the Federal judicial districts in
which the indictments and informations were filed, and in which
the subsequent guilty pleas, convictions, and acquittals
occurred;
"(C) specification of the Federal statutes utilized for
prosecution;
"(D) a brief factual description of significant
investigations and prosecutions;
"(E) specification of the sentence imposed as a result of
each guilty plea and conviction; and
"(F) recommendations, if any, for legislative changes that
could facilitate more effective investigation and prosecution
of the creation and distribution of false identification
documents."
[For transfer of the functions, personnel, assets, and
obligations of the United States Secret Service, including the
functions of the Secretary of the Treasury relating thereto, to the
Secretary of Homeland Security, and for treatment of related
references, see sections 381, 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a
note under section 542 of Title 6.]
[For abolition of Immigration and Naturalization Service,
transfer of functions, and treatment of related references, see
note set out under section 1551 of Title 8, Aliens and
Nationality.]

CONSTITUTIONAL AUTHORITY
Pub. L. 105-318, Sec. 2, Oct. 30, 1998, 112 Stat. 3007, provided
that: "The constitutional authority upon which this Act [see Short
Title of 1998 Amendments note set out under section 1001 of this
title] rests is the power of Congress to regulate commerce with
foreign nations and among the several States, and the authority to
make all laws which shall be necessary and proper for carrying into
execution the powers vested by the Constitution in the Government
of the United States or in any department or officer thereof, as
set forth in article I, section 8 of the United States
Constitution."

CENTRALIZED COMPLAINT AND CONSUMER EDUCATION SERVICE FOR VICTIMS OF
IDENTITY THEFT
Pub. L. 105-318, Sec. 5, Oct. 30, 1998, 112 Stat. 3010, provided
that:
"(a) In General. - Not later than 1 year after the date of
enactment of this Act [Oct. 30, 1998], the Federal Trade Commission
shall establish procedures to -
"(1) log and acknowledge the receipt of complaints by
individuals who certify that they have a reasonable belief that 1
or more of their means of identification (as defined in section
1028 of title 18, United States Code, as amended by this Act)
have been assumed, stolen, or otherwise unlawfully acquired in
violation of section 1028 of title 18, United States Code, as
amended by this Act;
"(2) provide informational materials to individuals described
in paragraph (1); and
"(3) refer complaints described in paragraph (1) to appropriate
entities, which may include referral to -
"(A) the 3 major national consumer reporting agencies; and
"(B) appropriate law enforcement agencies for potential law
enforcement action.
"(b) Authorization of Appropriations. - There are authorized to
be appropriated such sums as may be necessary to carry out this
section."

FRAUD AND RELATED ACTIVITY IN CONNECTION WITH IDENTIFICATION
DOCUMENTS
Pub. L. 98-473, title II, Sec. 609L, Oct. 12, 1984, 98 Stat.
2103, provided that:
"(a) For purposes of section 1028 of title 18, United States
Code, to the maximum extent feasible, personal descriptors or
identifiers utilized in identification documents, as defined in
such section, shall utilize common descriptive terms and formats
designed to -
"(1) reduce the redundancy and duplication of identification
systems by providing information which can be utilized by the
maximum number of authorities, and
"(2) facilitate positive identification of bona fide holders of
identification documents.
"(b) The President shall, no later than 3 years after the date of
enactment of this Act [Oct. 12, 1984], and after consultation with
Federal, State, local, and international issuing authorities, and
concerned groups make recommnedations [recommendations] to the
Congress for the enactment of comprehensive legislation on Federal
identification systems. Such legislation shall -
"(1) give due consideration to protecting the privacy of
persons who are the subject of any identification system,
"(2) recommend appropriate civil and criminal sanctions for the
misuse or unauthorized disclosure of personal identification
information, and
"(3) make recommendations providing for the exchange of
personal identification information as authorized by Federal or
State law or Executive order of the President or the chief
executive officer of any of the several States."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 922, 981, 982, 2257,
2326, 2516 of this title; title 8 section 1324a; title 31 section
9703; title 42 section 5119a.

-FOOTNOTE-
(!1) So in original.