339 
(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 de-
fined in section 592(a)(2)); 
(B) in connection with a crime of violence (as de-
fined in section 584(c)(3)); or 
(C) after a prior conviction under this section be-
comes final; 
(4) a fine under this title or imprisonment for not 
more than 30 years, or both, if the offense is committed 
to facilitate an act of domestic terrorism (as defined under 
section 283) or an act of international terrorism (as de-
fined in section 283(1)); and 
(5) a fine under this title or imprisonment for not 
more than one year, or both, in any other case. 
(c) APPLICABILITY.—Subsection (a) applies if— 
(1) the identification document, authentication feature, 
or false identification document is or appears to be issued 
by or under the authority of the United States or the docu-
ment-making implement is designed or suited for making 
such an identification document, authentication feature, or 
false identification document; 
(2) the offense is an offense under subsection (a)(4) 
of this section; or 
(3) either— 
(A) the production, transfer, possession, or use 
prohibited by this section is in or affects interstate or 
foreign commerce, including the transfer of a document 
by electronic means; or 
(B) the means of identification, identification doc-
ument, false identification document, or document-mak-
ing implement is transported in the mail in the course 
of the production, transfer, possession, or use prohib-
ited by this section. 
(d) DEFINITIONS.—In this section and section 784— 
(1) the term ‘‘authentication feature’’ means any 
hologram, watermark, certification, symbol, code, image, se-
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quence of numbers or letters, or other feature that either 
individually or in combination with another feature is used 
by the issuing authority on an identification document, doc-
ument-making implement, or means of identification to de-
termine if the document is counterfeit, altered, or otherwise 
falsified; 
(2) the term ‘‘document-making implement’’ means 
any implement, impression, template, computer file, com-
puter disc, electronic device, or computer hardware or soft-
ware, that is specifically configured or primarily used for 
making an identification document, a false identification 
document, or another document-making implement; 
(3) the term ‘‘identification document’’ means a docu-
ment 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 for-
eign government, an international governmental or an 
international quasi-governmental organization which, when 
completed with information concerning a particular indi-
vidual, is of a type intended or commonly accepted for the 
purpose of identification of individuals; 
(4) the term ‘‘false identification document’’ means a 
document of a type intended or commonly accepted for the 
purposes of identification of individuals that— 
(A) is not issued by or under the authority of a 
governmental entity or was issued under the authority 
of a governmental entity but was subsequently altered 
for purposes of deceit; and 
(B) appears to be issued by or under the authority 
of the United States Government, a State, a political 
subdivision of a State, a foreign government, a political 
subdivision of a foreign government, or an international 
governmental or quasi-governmental organization; 
(5) the term ‘‘false authentication feature’’ means an 
authentication feature that— 
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(A) is genuine in origin, but, without the author-
ization of the issuing authority, has been tampered 
with or altered for purposes of deceit; 
(B) is genuine, but has been distributed, or is in-
tended for distribution, without the authorization of the 
issuing authority and not in connection with a lawfully 
made identification document, document-making imple-
ment, or means of identification to which such authen-
tication feature is intended to be affixed or embedded 
by the respective issuing authority; or 
(C) appears to be genuine, but is not; 
(6) the term ‘‘issuing authority’’— 
(A) means any governmental entity or agency that 
is authorized to issue identification documents, means 
of identification, or authentication features; and 
(B) includes the United States Government, a 
State, a political subdivision of a State, a foreign gov-
ernment, a political subdivision of a foreign govern-
ment, or an international government or quasi-govern-
mental organization;; 
(7) 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 number, alien registration number, gov-
ernment passport number, employer or taxpayer identi-
fication number; 
(B) unique biometric data, such as fingerprint, 
voice print, retina or iris image, or other unique phys-
ical representation; 
(C) unique electronic identification number, ad-
dress, or routing code; or 
(D) telecommunication identifying information or 
access device (as defined in section 1029(e)); 
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342 
(8) the term ‘‘personal identification card’’ means an 
identification document issued by a State or local govern-
ment solely for the purpose of identification; 
(9) the term ‘‘produce’’ includes alter, authenticate, or 
assemble; 
(10) the term ‘‘transfer’’ includes selecting an identi-
fication document, false identification document, or docu-
ment-making implement and placing or directing the place-
ment of such identification document, false identification 
document, or document-making implement on an online lo-
cation where it is available to others; 
(11) the term ‘‘traffic’’ means— 
(A) to transport, transfer, or otherwise dispose of, 
to another, as consideration for anything of value; or 
(B) to make or obtain control of with intent to so 
transport, transfer, or otherwise dispose of. 
(e) EXCLUSION.—This section does not prohibit any law-
fully authorized investigative, protective, or intelligence activity 
of a law enforcement agency of the United States, a State, or 
a political subdivision of a State, or of an intelligence agency 
of the United States, or any activity authorized under chapter 
224 of this title. 
(f) 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. 
§ 784. Aggravated identity theft 
(a) OFFENSES.— 
(1) IN GENERAL.—Whoever, during and in relation to 
any felony violation enumerated in subsection (c), know-
ingly transfers, possesses, or uses, without lawful authority, 
a means of identification of another person shall, in addi-
tion to the punishment provided for such felony, be sen-
tenced to a term of imprisonment of 2 years. 
(2) TERRORISM OFFENSE.—Whoever, during and in 
relation to any felony violation enumerated in section 
273(g)(5)(B), knowingly transfers, possesses, or uses, with-
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out lawful authority, a means of identification of another 
person or a false identification document shall, in addition 
to the punishment provided for such felony, be sentenced 
to a term of imprisonment of 5 years. 
(b) 
CONSECUTIVE
SENTENCE.—Notwithstanding 
any 
other provision of law— 
(1) a court shall not place on probation any person 
convicted of a violation of this section; 
(2) except as provided in paragraph (4), no term of 
imprisonment imposed on a person under this section shall 
run concurrently with any other term of imprisonment im-
posed on the person under any other provision of law, in-
cluding any term of imprisonment imposed for the felony 
during which the means of identification was transferred, 
possessed, or used; 
(3) in determining any term of imprisonment to be im-
posed for the felony during which the means of identifica-
tion was transferred, possessed, or used, a court shall not 
in any way reduce the term to be imposed for such crime 
so as to compensate for, or otherwise take into account, 
any separate term of imprisonment imposed or to be im-
posed for a violation of this section; and 
(4) a term of imprisonment imposed on a person for 
a violation of this section may, in the discretion of the 
court, run concurrently, in whole or in part, only with an-
other term of imprisonment that is imposed by the court 
at the same time on that person for an additional violation 
of this section, provided that such discretion shall be exer-
cised in accordance with any applicable guidelines and pol-
icy statements issued by the Sentencing Commission pursu-
ant to section 994 of title 28. 
(c) DEFINITION.—For purposes of this section, the term 
‘‘felony violation enumerated in subsection (c)’’ means any of-
fense that is a felony violation of— 
(1) section 641 (relating to theft of public money, 
property, or rewards), section 644 (relating to theft, embez-
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