§ 1028. — Fraud and related activity in connection with identification documents and information.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1028]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 47--FRAUD AND FALSE STATEMENTS
Sec. 1028. Fraud and related activity in connection with
identification documents and information
(a) Whoever, in a circumstance described in subsection (c) of this
section--
(1) knowingly and without lawful authority produces an
identification document or a false identification document;
(2) knowingly transfers an identification document or a false
identification document knowing that such document 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) or false
identification documents;
(4) knowingly possesses an identification document (other than
one issued lawfully for the use of the possessor) or a false
identification document, with the intent such document be used to
defraud the United States;
(5) knowingly produces, transfers, or possesses a document-
making implement with the intent such document-making implement will
be used in the production of a false identification document or
another document-making implement which will be so used;
(6) knowingly possesses an identification document that is or
appears to be an identification document of the United States which
is stolen or produced without lawful authority knowing that such
document was stolen or produced without such authority; or
(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;
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
or false identification document that is or appears to be--
(i) an identification document 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 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, 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 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 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 ``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;
(2) 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;
(3) 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; 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;
(4) 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));
(5) the term ``personal identification card'' means an
identification document issued by a State or local government solely
for the purpose of identification;
(6) the term ``produce'' includes alter, authenticate, or
assemble;
(7) 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; and
(8) 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.
(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) 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.
(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.)
Amendments
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) 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.''
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.
