18 U.S.C. Sec. 1028(a) Offenses are the various types of identity theft offenses as defined in the United States Code. These offenses include, but are not limited to, producing, transferring, or using false identification documents, producing or transferring a means of identification of another person, and trafficking in identification documents, authentication features, and false identification documents. 18 U.S.C. Sec. 1028(b) Penalties outlines the various punishments and fines that can be imposed on an individual who has been found guilty of committing any of the identity theft offenses mentioned in Section 1028(a). Depending on the severity of the offense, the penalties can range from fines up to $250,000 and/or a prison term of up to 15 years. In addition, the court may also order supervised release, restitution to victims, and forfeiture of any property used in or derived from the offense.
18 U.S.C. Sec. 1028(a) Offenses and Sec. 1028(b) Penalties
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Penalty: Misdemeanor offenses shall be fines a maximum of $5000 and or imprisoned for not more than six months for individuals, or $10,000 fine for an organization. Felony offenses shall be fined maximum of $250,000 and/or imprisoned for not more than two years for an individual or $100,000 for an organization.
The federal crime is aggravated identity theft under 18 U.S.C § 1028A is defined as: "Anyone who knowingly transfers, possesses, or uses, a means of identification of somebody shall, in addition to the felony penalties, will be sentenced to imprisonment of 2 years, or five years for terrorism."
Section 3282 of Title 18, United States Code, is the statute of general application. It states that, "(e)xcept as otherwise expressly provided by law," a prosecution for a non-capital offense shall be instituted within five years after the offense was committed.
18 USC 1028A requires federal courts to sentence the defendant to two years prison to be served after the sentence for the underlying crime. Section 1028(b) provides rules for sentencing in these cases. The statute prohibits the judge from allowing the sentences to run concurrently.
A defendant who has been found guilty of an offense may be sentenced to pay a fine. for an infraction, not more than $5,000.
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.
A crime that's a Class A federal felony is the worst, with a maximum prison term of life in prison and a maximum fine of $250,000. A Class E federal felony involves a prison term of more than one year but less than five years and a maximum fine of $5,000.
Federal Felony Penalties The probation period for a felony is between 1 and 5 years. If not otherwise directed by the relevant federal statute, the maximum fine for a felony is not more than $250,000. Class B felony federal offenses are penalized by a maximum sentence of 25 years of more of incarceration.