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Federal- False Identification Documents

Statute
18 USC 1028. Fraud and related activity in connection with identification documents, authentication features, and information

Whoever—

  1. 18 USC 1028(a)(3)-- knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor), authentication features, or false identification documents;
  2. 18 USC 1028(a)(4)-- knowingly possesses an identification document (other than one issued lawfully for the use of the possessor), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States;

Jury Instruction
18 USC 1028(a)(3)
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant possessed 5 or more false identification documents;
  2. That the Defendant did so knowingly and willfully with the intent to unlawfully transfer the false identification documents; and
  3. That the Defendant’s possession of the false identification documents was in or affecting interstate or foreign commerce.

The intent to transfer false identification documents unlawfully is the intent to sell, pledge, distribute, give, loan or otherwise transfer false identification documents knowing that such documents were produced without any lawful authority.

A “false identification document” means a document of a type commonly accepted for purposes of identification of individuals that is not issued by or under the authority of a governmental entity, but appears to be issued by or under the authority of the United States Government or a State or political subdivision of the State.

18 USC 1028(a)(4)
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant knowingly possessed a false identification document as described in the indictment; and
  2. That the Defendant possessed the false identification with the intent that such document be used to defraud the United States.

The term “identification document” means a document made or issued by or under the authority of the United States Government, which, when completed with information concerning a particular individual, is of a type intended to or commonly accepted for the purpose of identification of individuals.

A “false identification document” means a document of a type commonly accepted for purposes of identification of individuals that is not issued by or under the authority of a governmental entity, but appears to be issued by or under the authority of the United States.

The phrase “with intent…to defraud the United States” means a specific intent to mislead or deceive an officer or employee of the United States in carrying out his or her official duties. It is not necessary for the Government to prove, however, that any Government employee or officer was in fact misled or deceived.