Personal identifying information, such as names, birthdates, birth certificates and Social Security numbers, are the basis for many things like credit applications and medical care. Because of the implications of this information, it’s critical that individuals keep the information private.
There are times when a person may be tempted to use another person’s information, but doing so can have significant penalties. Under 18 U.S. Code § 1028, using or having someone else’s identifying information in your possession is a criminal act. Understanding what’s included in this federal law is critical.
What’s illegal under federal identity theft laws?
It’s illegal to knowingly and without the lawful authority to possess, transfer or product identification documents or authentication features that appear to be issued by the federal government or state government. This includes using someone else’s identification or driver’s license to commit or aid in any unlawful activity. Using this information to file a false tax return, obtain federal benefits, or apply for a passport are some of the activities that are illegal if you aren’t using your own identifying information.
Being accused of identity theft is a serious matter, and the penalties for those convicted of a federal charge are considerable. Just a basic offense can lead to up to 15 years in federal prison, but aggravated circumstances and repeat convictions can lead to increased penalties.
If you’re facing criminal charges for identity theft in federal court, it’s best to work with someone familiar with these matters so they can go over the defense strategy options for your case. Doing this quickly is critical because some options might be time sensitive.