Federal Identity Theft and Assumption Deterrence Act
| Identity Theft and Assumption Deterrence Act | |
|---|---|
| CITATION | 18 U.S.C. § 1028 et seq. |
| ENACTED | 1998 |
| SUMMARY |
The Act criminalized “knowingly transfer[ring] or us[ing], without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law. It also empowered the FTC to "log and acknowledge the receipts of complaints by individuals who certify that they have a reasonable belief" that their personally identifiable information has been “assumed, stolen, or otherwise unlawfully acquired.” The Act provides an expansive definition of identity theft. It includes the misuse of any identifying information, which could include name, Social Security number, account number, password or other information linked to an individual, to commit a violation of federal or state law. The definition thus covers misuse of existing accounts as well as the creation of new accounts. It is also a federal crime to knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or aid or abet, any unlawful activity that constitutes a violation of federal law, or that constitutes a felony under any applicable state or local law. |
| DATA COVERED | Consumer identification documents and information that can be used to perpetrate identity theft. |
| INDUSTRY | General application. |
| PENALTIES | The punishment for offenses involving fraud related to identification documents varies depending on the specific offense and the type of document involved. For example, a fine or imprisonment of up to 15 years may be imposed for using the identification of another person with the intent to commit any unlawful activity under state law, if, as a result of the offense, the person committing the offense obtains anything of value totaling one thousand dollars ($1,000) or more during any one-year period. Other offenses carry terms of imprisonment up to three years. However, if the offense is committed to facilitate a drug trafficking crime or in connection with a crime of violence, the term of imprisonment could be up to twenty years. Offenses committed to facilitate an action of international terrorism are punishable by terms of imprisonment up to twenty-five years. |
