Aggravated identity theft is a federal crime that involves the unlawful use of another person’s identification to commit additional serious crimes, such as bank fraud, wire fraud, immigration violations, or other federal offenses. Under U.S. law, identity theft becomes “aggravated” when it is connected to these crimes, imposing mandatory penalties on top of the punishment for the underlying offense.
A key component of aggravated identity theft is the mandatory two-year consecutive prison sentence, which means that the sentence is added to the sentence for the primary offense. In cases involving terrorism, the mandatory sentence increases to five years. Federal authorities take these crimes seriously, as identity theft can cause irreparable harm to victims, who are often left dealing with long-lasting financial and legal consequences.
Aggravated Identity Theft Laws
Aggravated identity theft is covered under 18 U.S.C. § 1028A. This statute makes it illegal for someone to knowingly transfer, possess, or use another person’s identification unlawfully, specifically when it relates to certain other felony crimes such as:
- Bank fraud
- Wire fraud
- Immigration offenses
- Social Security fraud
This law mandates that those convicted of aggravated identity theft receive a minimum two-year prison sentence, which must run consecutively with any sentence they receive for the related crime. In cases of terrorism, the minimum sentence is increased to five years. This means that if an individual is convicted of both bank fraud and aggravated identity theft, they would serve the sentence for bank fraud, followed by an additional two years for identity theft.
Aggravated Identity Theft Sentencing Guidelines
Sentencing for aggravated identity theft is governed by federal guidelines, and the penalties are severe. For each count of aggravated identity theft, the law mandates a minimum of two years of prison time, served consecutively to any sentence for the related crime. For terrorism-related offenses, the mandatory minimum jumps to five years.
In addition to imprisonment, offenders can face significant fines, typically up to $250,000, and they may also be required to pay restitution to the victims. Fines and imprisonment can vary depending on the state where the crime was committed, as states have their own identity theft laws in addition to the federal statutes.
Aggravated Identity Theft Cases
Many high-profile cases of aggravated identity theft have occurred in the United States, often involving complex fraud schemes. Examples include:
- A case where a group of individuals used stolen Social Security numbers to file fraudulent tax returns and collect large refunds.
- Several cases involving healthcare fraud where stolen identities were used to bill Medicare for services that were never provided.
- A case where a defendant used stolen identification to illegally enter the United States and commit additional crimes, including employment fraud.
Aggravated identity theft is often prosecuted alongside other charges, such as wire fraud or tax fraud, increasing the penalties for those convicted.
Aggravated Identity Theft News
- Justice Department Cracks Down on Aggravated Identity Theft – Federal authorities recently charged several individuals with aggravated identity theft in connection to a widespread healthcare fraud scheme.
- FBI Shuts Down Identity Theft Ring – The FBI dismantled a national identity theft ring responsible for stealing personal information from thousands of victims to commit bank fraud.
Aggravated Identity Theft Laws By State
While aggravated identity theft is primarily governed by federal law, each state has its own identity theft statutes that impose additional penalties. These laws vary widely by state:
Under Alabama Code § 13A-8-192:
- Aggravated identity theft is a Class B felony, punishable by up to 20 years in prison and fines of up to $30,000.
Under Alaska Stat. § 11.46.190:
- Aggravated identity theft is a Class A felony, punishable by up to 10 years in prison and fines of up to $100,000.
Under A.R.S. § 13-2009:
- Aggravated identity theft is a Class 3 felony, punishable by up to 15 years in prison and fines of up to $150,000.
Under Arkansas Code § 5-37-227:
- Aggravated identity theft is a Class C felony, punishable by 3 to 10 years in prison and fines of up to $10,000.
Under California Penal Code § 530.5:
- Aggravated identity theft is a felony, punishable by up to 3 years in prison and fines of up to $10,000.
Under Colo. Rev. Stat. § 18-5-902:
- Aggravated identity theft is a Class 4 felony, punishable by up to 6 years in prison and fines of up to $500,000.
Under Connecticut General Statutes § 53a-129e:
- Aggravated identity theft is a Class B felony, punishable by up to 20 years in prison and fines of up to $15,000.
Under Delaware Code Title 11 § 854:
- Aggravated identity theft is a Class C felony, punishable by 3 to 15 years in prison and fines of up to $50,000.
Under Florida Statutes § 817.568:
- Aggravated identity theft is a first-degree felony, punishable by up to 30 years in prison and fines of up to $10,000.
Under Georgia Code § 16-9-121:
- Aggravated identity theft is a felony, with penalties ranging from 1 to 15 years in prison and fines of up to $250,000.
Under Hawaii Revised Statutes § 708-839.6:
- Aggravated identity theft is a Class B felony, punishable by up to 10 years in prison and fines of up to $25,000.
Under Idaho Code § 18-3126:
- Aggravated identity theft is a felony, punishable by up to 20 years in prison and fines of up to $50,000.
Under Illinois Compiled Statutes 720 ILCS 5/16-30:
- Aggravated identity theft is a Class 2 felony, punishable by 3 to 7 years in prison and fines of up to $25,000.
Under Indiana Code § 35-43-5-3.5:
- Aggravated identity theft is a Level 5 felony, with penalties ranging from 1 to 6 years in prison and fines of up to $10,000.
Under Iowa Code § 715A.8:
- Aggravated identity theft is a Class D felony, punishable by up to 5 years in prison and fines of up to $7,500.
Under Kansas Statutes § 21-6107:
- Aggravated identity theft is a level 7 nonperson felony, punishable by 11 to 34 months in prison and fines of up to $100,000.
Under Kentucky Revised Statutes § 514.160:
- Aggravated identity theft is a Class C felony, punishable by 5 to 10 years in prison and fines of up to $10,000.
Under Louisiana Revised Statutes § 14:67.16:
- Aggravated identity theft is a felony, punishable by up to 10 years in prison and fines of up to $10,000.
Under Maine Revised Statutes Title 17-A § 905-A:
- Aggravated identity theft is a Class B felony, punishable by up to 10 years in prison and fines of up to $20,000.
Under Maryland Code, Criminal Law § 8-301:
- Aggravated identity theft is a felony, punishable by up to 15 years in prison and fines of up to $25,000.
Under Massachusetts General Laws Chapter 266 § 37E:
- Aggravated identity theft is a felony, punishable by up to 5 years in state prison and fines of up to $25,000.
Under Michigan Compiled Laws Section 445.65:
- Aggravated identity theft is a felony, punishable by up to 5 years in prison and fines of up to $25,000.
Under Minnesota Statutes Section 609.527:
- Aggravated identity theft is a felony, punishable by up to 20 years in prison and fines of up to $100,000.
Under Mississippi Code Section 97-45-19:
- Aggravated identity theft is a felony, punishable by up to 15 years in prison and fines of up to $10,000.
Under Missouri Revised Statutes Section 570.223:
- Aggravated identity theft is a Class B felony, punishable by 5 to 15 years in prison and fines of up to $50,000.
Under Montana Code Annotated Section 45-6-332:
- Aggravated identity theft is a felony, punishable by up to 10 years in prison and fines of up to $50,000.
Under Nebraska Revised Statutes Section 28-608:
- Aggravated identity theft is a Class II felony, punishable by up to 50 years in prison.
Under Nevada Revised Statutes Section 205.465:
- Aggravated identity theft is a Category B felony, punishable by 2 to 20 years in prison and fines of up to $100,000.
Under New Hampshire Revised Statutes Section 638:2:
- Aggravated identity theft is a Class A felony, punishable by up to 15 years in prison and fines of up to $4,000.
Under New Jersey Statutes Section 2C:21-17:
- Aggravated identity theft is a second-degree felony, punishable by 5 to 10 years in prison and fines of up to $150,000.
Under New Mexico Statutes Section 30-16-24.1:
- Aggravated identity theft is a second-degree felony, punishable by up to 9 years in prison and fines of up to $10,000.
Under New York Penal Law Section 190.80:
- Aggravated identity theft is a Class D felony, punishable by up to 7 years in prison and fines.
Under North Carolina General Statutes Section 14-113.20A:
- Aggravated identity theft is a Class G felony, punishable by up to 10 years in prison and fines of up to $100,000.
Under North Dakota Century Code Section 12.1-23-11:
- Aggravated identity theft is a Class B felony, punishable by up to 10 years in prison and fines of up to $20,000.
Under Ohio Revised Code Section 2913.49:
- Aggravated identity theft is a felony of the third degree, punishable by up to 5 years in prison and fines of up to $10,000.
Under Oklahoma Statutes Section 21-1533.1:
- Aggravated identity theft is a felony, punishable by up to 10 years in prison and fines of up to $100,000.
Under Oregon Revised Statutes Section 165.800:
- Aggravated identity theft is a Class B felony, punishable by up to 10 years in prison and fines of up to $250,000.
Under Pennsylvania Consolidated Statutes Section 4120:
- Aggravated identity theft is a felony of the third degree, punishable by up to 7 years in prison and fines of up to $15,000.
Under Rhode Island General Laws Section 11-49.1-3:
- Aggravated identity theft is a felony, punishable by up to 10 years in prison and fines of up to $100,000.
Under South Carolina Code Section 16-13-510:
- Aggravated identity theft is a felony, punishable by up to 10 years in prison and fines of up to $25,000.
Under South Dakota Codified Laws Section 22-40-8:
- Aggravated identity theft is a Class 4 felony, punishable by up to 10 years in prison and fines of up to $20,000.
Under Tennessee Code Annotated Section 39-14-150:
- Aggravated identity theft is a Class C felony, punishable by 3 to 15 years in prison and fines of up to $10,000.
Under Texas Penal Code Section 32.51:
- Aggravated identity theft is a state jail felony, punishable by 180 days to 2 years in jail and fines of up to $10,000.
Under Utah Code Section 76-6-1102:
- Aggravated identity theft is a second-degree felony, punishable by up to 15 years in prison and fines of up to $10,000.
Under Vermont Statutes Title 13 Section 2030:
- Aggravated identity theft is a felony, punishable by up to 10 years in prison and fines of up to $25,000.
Under Virginia Code Section 18.2-186.3:
- Aggravated identity theft is a Class 6 felony, punishable by 1 to 5 years in prison and fines of up to $2,500.
Under Washington Revised Code Section 9.35.020:
- Aggravated identity theft is a Class B felony, punishable by up to 10 years in prison and fines of up to $20,000.
Under West Virginia Code Section 61-3-54:
- Aggravated identity theft is a felony, punishable by up to 10 years in prison and fines of up to $50,000.
Under Wisconsin Statutes Section 943.201:
- Aggravated identity theft is a Class H felony, punishable by up to 6 years in prison and fines of up to $10,000.
Under Wyoming Statutes Section 6-3-901:
- Aggravated identity theft is a felony, punishable by up to 10 years in prison and fines of up to $10,000.