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Public Law 105-318
105th Congress
An Act
To amend
chapter 47 of title 18, United States Code, relating to
identity
fraud, and for other purposes. <<NOTE: Oct. 30, 1998 - [H.R.
4151]>>
Be it
enacted by the Senate and House of Representatives of the
United
States of America in Congress <<NOTE: Identity Theft and
Assumption
Deterrence Act of 1998.>> assembled,
SECTION 1.
<<NOTE: 18 USC 1001 note.>> SHORT TITLE.
This Act
may be cited as the ``Identity Theft and Assumption
Deterrence
Act of 1998''.
SEC. 2.
<<NOTE: 18 USC 1028 note.>> CONSTITUTIONAL AUTHORITY TO ENACT
THIS
LEGISLATION.
The
constitutional authority upon which this Act rests is the power
of Congress
to regulate commerce with foreign nations and among the
several
States, and the authority to make all laws which shall be
necessary
and proper for carrying into execution the powers vested by
the
Constitution in the Government of the United States or in any
department
or officer thereof, as set forth in article I, section 8 of
the United
States Constitution.
SEC. 3.
IDENTITY THEFT.
(a)
Establishment of Offense.--Section 1028(a) of title 18, United
States Code,
is amended--
(1) in
paragraph (5), by striking ``or'' at the end;
(2) in
paragraph (6), by adding ``or'' at the end;
(3) in the
flush matter following paragraph (6), by striking
``or
attempts to do so,''; and
(4) by
inserting after paragraph (6) the following:
``(7)
knowingly transfers or uses, 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;''.
(b)
Penalties.--Section 1028(b) of title 18, United States Code, is
amended--
(1) in
paragraph (1)--
(A) in
subparagraph (B), by striking ``or'' at the
end;
(B) in
subparagraph (C), by adding ``or'' at the
end; and
(C) by
adding at the end the following:
``(D) an
offense under paragraph (7) of such
subsection
that involves the transfer or use of 1 or
more means
of identification if, as a result of the
offense,
any individual committing the offense obtains
anything of
value aggregating $1,000 or more during any
1-year
period;'';
(2) in
paragraph (2)--
[[Page 112
STAT. 3008]]
(A) in
subparagraph (A), by striking ``or transfer
of an
identification document or'' and inserting ``,
transfer,
or use of a means of identification, an
identification document, or a''; and
(B) in
subparagraph (B), by inserting ``or (7)''
after
``(3)'';
(3) by
amending paragraph (3) to read as follows:
``(3) a
fine under this title or imprisonment for not more
than 20
years, or both, if the offense is committed--
``(A) to
facilitate a drug trafficking crime (as
defined in
section 929(a)(2));
``(B) in
connection with a crime of violence (as
defined in
section 924(c)(3)); or
``(C) after
a prior conviction under this section
becomes
final;'';
(4) in
paragraph (4), by striking ``and'' at the end;
(5) by
redesignating paragraph (5) as paragraph (6); and
(6) by
inserting after paragraph (4) the following:
``(5) in
the case of any offense under subsection (a),
forfeiture
to the United States of any personal property used or
intended to
be used to commit the offense; and''.
(c)
Circumstances.--Section 1028(c) of title 18, United States Code,
is amended
by striking paragraph (3) and inserting the
following:
``(3)
either--
``(A) the
production, transfer, possession, or use
prohibited
by this section is in or affects interstate
or foreign
commerce; 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.''.
(d)
Definitions.--Subsection (d) of section 1028 of title 18, United
States Code,
is amended to read as follows:
``(d) In
this section--
``(1) the
term `document-making implement' means any
implement,
impression, electronic device, or computer hardware
or
software, that is specifically configured or primarily used
for making
an identification document, a false identification
document,
or another document-making implement;
``(2) the
term `identification document' means a document
made or
issued by or under the authority of the United States
Government,
a State, political subdivision of a State, a foreign
government,
political subdivision of a foreign government, an
international governmental or an international quasi-
governmental organization which, when completed with information
concerning
a particular individual, is of a type intended or
commonly
accepted for the purpose of identification of
individuals;
``(3) the
term `means of identification' means any name or
number that
may be used, alone or in conjunction with any other
information, to identify a specific individual, including any--
``(A) name,
social security number, date of birth,
official
State or government issued driver's license or
identification
[[Page 112
STAT. 3009]]
number,
alien registration number, government passport
number,
employer or taxpayer identification number;
``(B)
unique biometric data, such as fingerprint,
voice
print, retina or iris image, or other unique
physical
representation;
``(C)
unique electronic identification number,
address, or
routing code; or
``(D)
telecommunication identifying information or
access
device (as defined in section 1029(e));
``(4) the
term `personal identification card' means an
identification document issued by a State or local government
solely for
the purpose of identification;
``(5) the
term `produce' includes alter, authenticate, or
assemble;
and
``(6) the
term `State' includes any State of the United
States, the
District of Columbia, the Commonwealth of Puerto
Rico, and
any other commonwealth, possession, or territory of
the United
States.''.
(e) Attempt
and Conspiracy.--Section 1028 of title 18, United States
Code, is
amended by adding at the end the following:
``(f )
Attempt and Conspiracy.--Any person who attempts or conspires
to commit
any offense under this section shall be subject to the same
penalties as
those prescribed for the offense, the commission of which
was the
object of the attempt or conspiracy.''.
(f )
Forfeiture Procedures.--Section 1028 of title 18, United States
Code, is
amended by adding at the end the following:
``(g)
Forfeiture Procedures.--The forfeiture of property under this
section,
including any seizure and disposition of the property and any
related
judicial or administrative proceeding, shall be governed by the
provisions
of section 413 (other than subsection (d) of that section) of
the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C.
853).''.
(g) Rule of
Construction.--Section 1028 of title 18, United States
Code, is
amended by adding at the end the following:
``(h) Rule
of Construction.--For purpose of subsection (a)(7), a
single
identification document or false identification document that
contains 1
or more means of identification shall be construed to be 1
means of
identification.''.
(h)
Conforming Amendments.--Chapter 47 of title 18, United States
Code, is
amended--
(1) in the
heading for section 1028, by adding ``and
information'' at the end; and
(2) in the
table of sections at the beginning of the
chapter, in
the item relating to section 1028, by adding ``and
information'' at the end.
SEC. 4.
<<NOTE: 28 USC 994 note.>> AMENDMENT OF FEDERAL SENTENCING
GUIDELINES
FOR OFFENSES UNDER SECTION 1028.
(a) In
General.--Pursuant to its authority under section 994(p) of
title 28,
United States Code, the United States Sentencing Commission
shall review
and amend the Federal sentencing guidelines and the policy
statements
of the Commission, as appropriate, to provide an appropriate
penalty for
each offense under section 1028 of title 18, United States
Code, as
amended by this Act.
(b) Factors
for Consideration.--In carrying out subsection (a), the
United
States Sentencing Commission shall consider, with respect to each
offense
described in subsection (a)--
[[Page 112
STAT. 3010]]
(1) the
extent to which the number of victims (as defined in
section
3663A(a) of title 18, United States Code) involved in
the
offense, including harm to reputation, inconvenience, and
other
difficulties resulting from the offense, is an adequate
measure for
establishing penalties under the Federal sentencing
guidelines;
(2) the
number of means of identification, identification
documents,
or false identification documents (as those terms are
defined in
section 1028(d) of title 18, United States Code, as
amended by
this Act) involved in the offense, is an adequate
measure for
establishing penalties under the Federal sentencing
guidelines;
(3) the
extent to which the value of the loss to any
individual
caused by the offense is an adequate measure for
establishing penalties under the Federal sentencing guidelines;
(4) the
range of conduct covered by the offense;
(5) the
extent to which sentencing enhancements within the
Federal
sentencing guidelines and the court's authority to
sentence
above the applicable guideline range are adequate to
ensure
punishment at or near the maximum penalty for the most
egregious
conduct covered by the offense;
(6) the
extent to which Federal sentencing guidelines
sentences
for the offense have been constrained by statutory
maximum
penalties;
(7) the
extent to which Federal sentencing guidelines for
the offense
adequately achieve the purposes of sentencing set
forth in
section 3553(a)(2) of title 18, United States Code; and
(8) any
other factor that the United States Sentencing
Commission
considers to be appropriate.
SEC. 5.
<<NOTE: 18 USC 1028 note.>> CENTRALIZED COMPLAINT AND CONSUMER
EDUCATION
SERVICE FOR
VICTIMS OF IDENTITY THEFT.
(a) In
<<NOTE: Deadline.>> General.--Not later than 1 year after the
date of
enactment of this Act, the Federal Trade Commission shall
establish
procedures to--
(1) log and
acknowledge the receipt of complaints by
individuals
who certify that they have a reasonable belief that
1 or more
of their means of identification (as defined in
section
1028 of title 18, United States Code, as amended by this
Act) have
been assumed, stolen, or otherwise unlawfully acquired
in
violation of section 1028 of title 18, United States Code, as
amended by
this Act;
(2) provide
informational materials to individuals described
in
paragraph (1); and
(3) refer
complaints described in paragraph (1) to
appropriate
entities, which may include referral to--
(A) the 3
major national consumer reporting
agencies;
and
(B)
appropriate law enforcement agencies for
potential
law enforcement action.
(b)
Authorization of Appropriations.--There are authorized to be
appropriated
such sums as may be necessary to carry out this section.
SEC. 6.
TECHNICAL AMENDMENTS TO TITLE 18, UNITED STATES CODE.
(a)
Technical Correction Relating to Criminal Forfeiture
Procedures.--Section 982(b)(1) of title 18, United States Code,
[[Page 112
STAT. 3011]]
is amended
to read as follows: ``(1) The forfeiture of property under
this
section, including any seizure and disposition of the property and
any related
judicial or administrative proceeding, shall be governed by
the
provisions of section 413 (other than subsection (d) of that
section) of
the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21
U.S.C. 853).''.
(b)
Economic Espionage and Theft of Trade Secrets as Predicate
Offenses for
Wire Interception.--Section 2516(1)(a) of title 18, United
States Code,
is amended by inserting ``chapter 90 (relating to
protection
of trade secrets),'' after ``to espionage),''.
SEC. 7.
REDACTION OF ETHICS REPORTS FILED BY JUDICIAL OFFICERS AND
EMPLOYEES.
Section
105(b) of the Ethics in Government Act of 1978 (5 U.S.C.
App.) is
amended by adding at the end the following new paragraph:
``(3)(A)
This section does not require the immediate and
unconditional availability of reports filed by an individual described
in section
109(8) or 109(10) of this Act if a finding is made by the
Judicial
Conference, in consultation with United States Marshall
Service,
that revealing personal and sensitive information could
endanger
that individual.
``(B) A
report may be redacted pursuant to this paragraph only--
``(i) to
the extent necessary to protect the individual who
filed the
report; and
``(ii) for
as long as the danger to such individual exists.
``(C) The
Administrative Office of the United States Courts shall
submit to
the Committees on the Judiciary of the House of
Representatives and of the Senate an annual report with respect to the
operation of
this paragraph including--
``(i) the
total number of reports redacted pursuant to this
paragraph;
``(ii) the
total number of individuals whose reports have
been
redacted pursuant to this paragraph; and
``(iii) the
types of threats against individuals whose
reports are
redacted, if appropriate.
``(D)
<<NOTE: Regulations.>> The Judicial Conference, in
consultation
with the Department of Justice, shall issue regulations
setting
forth the circumstances under which redaction is appropriate
under this
paragraph and the procedures for redaction.
[[Page 112
STAT. 3012]]
``(E)
<<NOTE: Expiration date.>> This paragraph shall expire on
December 31,
2001, and apply to filings through calendar year 2001.''.
Approved
October 30, 1998.
LEGISLATIVE
HISTORY--H.R. 4151 (S. 512):
---------------------------------------------------------------------------
SENATE
REPORTS: No. 105-274 accompanying S. 512 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Oct. 7,
considered and passed House.
Oct. 14,
considered and passed Senate.
WEEKLY
COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
Oct. 30,
Presidential statement.
<all>
13-2009
Arizona law, ID Theft Aggravated
A. A person
commits aggravated taking the identity of another person or entity if the person
knowingly takes, purchases, manufactures, records, possesses or uses any
personal identifying information or entity identifying information of either:
1. Five or
more other persons or entities, including real or fictitious persons or
entities, without the consent of the other persons or entities, with the intent
to obtain or use the other persons' or entities' identities for any unlawful
purpose or to cause loss to the persons or entities whether or not the persons
or entities actually suffer any economic loss.
2. Another
person or entity, including a real or fictitious person or entity, without the
consent of that other person or entity, with the intent to obtain or use the
other person's or entity's identity for any unlawful purpose and causes another
person or entity to suffer an economic loss of three thousand dollars or more.
B. In an
action for aggravated taking the identity of another person or entity under
subsection A, paragraph 1 of this section, proof of possession out of the
regular course of business of the personal identifying information or entity
identifying information of five or more other persons or entities may give rise
to an inference that the personal identifying information or entity identifying
information of the five or more other persons or entities was possessed for an
unlawful purpose.
C. This
section does not apply to a violation of section 4-241 by a person who is under
twenty-one years of age.
13-2008.
Taking identity of another person or entity; knowingly accepting identity of
another person; classification
A. A person
commits taking the identity of another person or entity if the person knowingly
takes, purchases, manufactures, records, possesses or uses any personal
identifying information or entity identifying information of another person or
entity, including a real or fictitious person or entity, without the consent of
that other person or entity, with the intent to obtain or use the other person's
or entity's identity for any unlawful purpose or to cause loss to a person or
entity whether or not the person or entity actually suffers any economic loss as
a result of the offense, or with the intent to obtain or continue employment.
B. A person
commits knowingly accepting the identity of another person if the person, in
hiring an employee, knowingly does both of the following:
1. Accepts
any personal identifying information of another person from an individual and
knows that the individual is not the actual person identified by that
information.
2. Uses that
identity information for the purpose of determining whether the individual who
presented that identity information has the legal right or authorization under
federal law to work in the United States as described and determined under the
processes and procedures under 8 United States Code section 1324a.
C. On the
request of a person or entity, a peace officer in any jurisdiction in which an
element of an offense under this section is committed, a result of an offense
under this section occurs or the person or entity whose identity is taken or
accepted resides or is located shall take a report. The peace officer may
provide a copy of the report to any other law enforcement agency that is located
in a jurisdiction in which a violation of this section occurred.
D. If a
defendant is alleged to have committed multiple violations of this section
within the same county, the prosecutor may file a complaint charging all of the
violations and any related charges under other sections that have not been
previously filed in any precinct in which a violation is alleged to have
occurred. If a defendant is alleged to have committed multiple violations of
this section within the state, the prosecutor may file a complaint charging all
of the violations and any related charges under other sections that have not
been previously filed in any county in which a violation is alleged to have
occurred.
E. This
section does not apply to a violation of section 4-241 by a person who is under
twenty-one years of age.
F. Taking
the identity of another person or entity or knowingly accepting the identity of
another person is a class 4 felony.
Arizona
Revised Statutes §13-2010 Trafficking in the identity of another person or
entity
A. A person
commits trafficking in the identity of another person or entity if the person
knowingly sells, transfers or transmits any personal identifying information or
entity identifying information of another person or entity, including a real or
fictitious person or entity, without the consent of the other person or entity
for any unlawful purpose or to cause loss to the person or entity whether or not
the other person or entity actually suffers any economic loss.
B. This
section does not apply to a violation of section 4-241 by a person who is under
twenty-one years of age.
C.
Trafficking in the identity of another person or entity is a class 2 felony.
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A Non-Profit Educational Corporation
9408 S. 14th Avenue
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