Notes on 18 U.S.C. § 1028 : US Code - Notes

Search Notes on 18 U.S.C. § 1028 : US Code - Notes

(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; Pub. L. 108-275, Secs. 2(c), 3, July 15, 2004, 118 Stat.
832; Pub. L. 108-458, title VII, Sec. 7216, Dec. 17, 2004, 118
Stat. 3833; Pub. L. 109-13, div. B, title II, Sec. 203(a), May 11,
2005, 119 Stat. 315.)
AMENDMENTS
2005 - Subsec. (a)(8). Pub. L. 109-13 substituted "false or
actual authentication features" for "false authentication
features".
2004 - Subsec. (a)(7). Pub. L. 108-275, Sec. 3(1), substituted
"transfers, possesses," for "transfers" and "abet, or in connection
with," for "abet,".
Subsec. (b)(1)(D). Pub. L. 108-275, Sec. 3(2), substituted
"transfer, possession," for "transfer".
Subsec. (b)(2). Pub. L. 108-275, Sec. 3(3), substituted "5 years"
for "three years" in introductory provisions.
Subsec. (b)(4). Pub. L. 108-458 substituted "30 years" for "25
years".
Pub. L. 108-275, Sec. 3(4), inserted "an act of domestic
terrorism (as defined under section 2331(5) of this title) or"
after "facilitate".
Subsec. (d). Pub. L. 108-275, Sec. 2(c), inserted "and section
1028A" after "In this section" in introductory provisions.
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."
(!1) So in original.