Enhanced Identity Theft Act: Aggravated Offense & Amendments to Prohibition, Lecture notes of Public Law

Download Enhanced Identity Theft Act: Aggravated Offense & Amendments to Prohibition and more Lecture notes Public Law in PDF only on Docsity! 118 STAT. 831PUBLIC LAW 108–275—JULY 15, 2004 Public Law 108–275 108th Congress An Act To amend title 18, United States Code, to establish penalties for aggravated identity theft, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Identity Theft Penalty Enhance- ment Act’’. SEC. 2. AGGRAVATED IDENTITY THEFT. (a) IN GENERAL.—Chapter 47 of title 18, United States Code, is amended by adding after section 1028, the following: ‘‘§ 1028A. Aggravated identity theft ‘‘(a) OFFENSES.— ‘‘(1) IN GENERAL.—Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly trans- fers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. ‘‘(2) TERRORISM OFFENSE.—Whoever, during and in relation to any felony violation enumerated in section 2332b(g)(5)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punish- ment provided for such felony, be sentenced to a term of impris- onment of 5 years. ‘‘(b) CONSECUTIVE SENTENCE.—Notwithstanding any other provision of law— ‘‘(1) a court shall not place on probation any person con- victed of a violation of this section; ‘‘(2) except as provided in paragraph (4), no term of impris- onment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used; ‘‘(3) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to com- pensate for, or otherwise take into account, any separate term Identity Theft Penalty Enhancement Act. 18 USC 1001 note. July 15, 2004 [H.R. 1731] VerDate 11-MAY-2000 15:59 Jul 19, 2004 Jkt 029139 PO 00275 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL275.108 APPS06 PsN: PUBL275 118 STAT. 832 PUBLIC LAW 108–275—JULY 15, 2004 of imprisonment imposed or to be imposed for a violation of this section; and ‘‘(4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28. ‘‘(c) DEFINITION.—For purposes of this section, the term ‘felony violation enumerated in subsection (c)’ means any offense that is a felony violation of— ‘‘(1) section 641 (relating to theft of public money, property, or rewards), section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee), or section 664 (relating to theft from employee benefit plans); ‘‘(2) section 911 (relating to false personation of citizenship); ‘‘(3) section 922(a)(6) (relating to false statements in connec- tion with the acquisition of a firearm); ‘‘(4) any provision contained in this chapter (relating to fraud and false statements), other than this section or section 1028(a)(7); ‘‘(5) any provision contained in chapter 63 (relating to mail, bank, and wire fraud); ‘‘(6) any provision contained in chapter 69 (relating to nationality and citizenship); ‘‘(7) any provision contained in chapter 75 (relating to passports and visas); ‘‘(8) section 523 of the Gramm-Leach-Bliley Act (15 U.S.C. 6823) (relating to obtaining customer information by false pre- tenses); ‘‘(9) section 243 or 266 of the Immigration and Nationality Act (8 U.S.C. 1253 and 1306) (relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card); ‘‘(10) any provision contained in chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) (relating to various immigration offenses); or ‘‘(11) section 208, 811, 1107(b), 1128B(a), or 1632 of the Social Security Act (42 U.S.C. 408, 1011, 1307(b), 1320a–7b(a), and 1383a) (relating to false statements relating to programs under the Act).’’. (b) AMENDMENT TO CHAPTER ANALYSIS.—The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1028 the following new item: ‘‘1028A. Aggravated identity theft.’’. (c) APPLICATION OF DEFINITIONS FROM SECTION 1028.—Section 1028(d) of title 18, United States Code, is amended by inserting ‘‘and section 1028A’’ after ‘‘In this section’’. SEC. 3. AMENDMENTS TO EXISTING IDENTITY THEFT PROHIBITION. Section 1028 of title 18, United States Code, is amended— (1) in subsection (a)(7)— VerDate 11-MAY-2000 15:59 Jul 19, 2004 Jkt 029139 PO 00275 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL275.108 APPS06 PsN: PUBL275