False Identification Documents 18 U.S.C. Sec. 1028(a)(3)
What is this form?
This form addresses the crime of possessing false identification documents as defined under 18 U.S.C. Sec. 1028. It specifically pertains to individuals who knowingly possess five or more false identification documents intending to use or transfer them unlawfully. The form outlines the legal requirements and differentiates itself by focusing on federally recognized identifiers that appear to be issued by government entities, while being unauthorized. It is essential for understanding the legal implications of such offenses.
Main sections of this form
- Definition of false identification documents and their implications.
- Requirements for proving possession of five or more false documents.
- Intent to use or transfer documents unlawfully.
- The connection of possession to interstate or foreign commerce.
- Clarification on what constitutes âinterstateâ and âforeign commerce.â
Situations where this form applies
This form is necessary when an individual is charged with unlawfully possessing false identification documents. It is relevant in cases involving criminal investigations or prosecutions related to identity fraud, forgery, or any misuse of identification that affects interstate or foreign commerce. If facing legal charges or potential implications regarding fraudulent identification, understanding this form is vital for legal representation and strategy.
Intended users of this form
This form is intended for:
- Individuals accused of possessing false identification documents.
- Legal professionals representing clients in identity-related crimes.
- Students or scholars studying federal identity fraud laws.
Instructions for completing this form
- Identify the documents in question and confirm they are false identification.
- Gather evidence of possession, ensuring it includes five or more documents.
- Establish intent regarding the unlawful use or transfer of these documents.
- Demonstrate the connection to interstate or foreign commerce.
- Consult legal counsel to ensure all elements of the charge are addressed appropriately.
Is notarization required?
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Not recognizing that possession of fewer than five documents may not constitute a violation.
- Failing to demonstrate knowledge that the documents were false.
- Overlooking the requirement of establishing intent to use or transfer unlawfully.
- Not considering the connection to interstate or foreign commerce.
Why use this form online
- Convenient access to essential legal information and requirements.
- Editable forms to customize based on specific needs.
- Reliable templates drafted by licensed attorneys to ensure compliance with federal laws.
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FAQ
False Identification -- 18 U.S.C. 1028 -- Overview. The False Identification Crime Control Act of 1982, Public Law 97-398, 96 Stat. 2009 (approved December 31, 1982) was the culmination of a ten-year legislative process to improve federal criminal statutes relating to the false identification problem.
(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);?.
The False Identification Crime Control Act of 1982, Public Law 97-398, 96 Stat. 2009 (approved December 31, 1982) was the culmination of a ten-year legislative process to improve federal criminal statutes relating to the false identification problem.
Whoever, knowingly and with intent to defraud the United States, or any agency thereof, possesses any false, altered, forged, or counterfeited writing or document for the purpose of enabling another to obtain from the United States, or from any agency, officer or agent thereof, any sum of money, shall be fined under
1028. Section 1028 of Title 18 designates three special non-federal identification documents and gives them preferred treatment. These three documents, in the absence of a national identity card, are the prime means by which an individual establishes his identity in the United States.
