Identity Theft

A. Identity Theft Statute – 18 U.S.C. 1028(a)(7)

(a) Whoever, in a circumstance described in subsection (c) of this section-

(7) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with 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). (The prison sentence can range from 5 years to 30 years depending on the criminal acts.)

(c) The circumstance referred to in subsection (a) is that-

(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.

B. Elements of Identity Theft

The elements of identity theft are:

  1. The unauthorized production, transfer, possession, or use;
  2. of another person’s identification;
  3. with the intent to commit, aid or abet, or in connection;
  4. with any unlawful activity that constitutes a violation of federal, state, or local law.

C. Conclusion

The punishment for this crime is as high as 30 years in federal prison. If you are or suspect you are being investigated by the IRS, then it is important that you have counsel to assist you in interrogations and investigation. Call our office at (408) 459-8427 for criminal legal representation.