349 
international governmental or an international quasi-gov-
ernmental organization which, when completed with infor-
mation concerning a particular individual, is of a type in-
tended or commonly accepted for the purpose of identifica-
tion 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, or a sponsoring entity of an 
event designated as a special event of national signifi-
cance, 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 au-
thentication feature that— 
‘‘(A) is genuine in origin, but, without the authoriza-
tion 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 
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‘‘(B) includes the United States Government, a 
State, a political subdivision of a State, or a sponsoring 
entity of an event designated as a special event of na-
tional significance, a foreign government, a political 
subdivision of a foreign government, or an international 
government or quasi-governmental 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, in-
cluding any— 
‘‘(A) name, social security number, date of birth, of-
ficial 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)); 
‘‘(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 identifica-
tion document, false identification document, or document- 
making implement and placing or directing the placement 
of such identification document, false identification docu-
ment, or document-making implement on an online location 
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 
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‘‘(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 re-
lation to any felony violation enumerated in section 
273(g)(5)(B), knowingly transfers, possesses, or uses, with-
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 con-
victed of a violation of this section; 
‘‘(2) except as provided in paragraph (4), no term of im-
prisonment 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 
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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 another 
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 exercised in 
accordance with any applicable guidelines and policy state-
ments issued by the Sentencing Commission pursuant 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, prop-
erty, or rewards), section 644 (relating to theft, embezzle-
ment, or misapplication by bank officer or employee), or 
section 651 (relating to theft from employee benefit plans); 
‘‘(2) section 1091 (relating to false personation of citi-
zenship); 
‘‘(3) section 582(a)(6) (relating to false statements in 
connection with the acquisition of a firearm); 
‘‘(4) any provision contained in this subchapter (relating 
to fraud and false statements), other than this section or 
section 783(a)(7); 
‘‘(5) any provision contained in subchapter B of chapter 
25 (relating to mail, bank, and wire fraud); 
‘‘(6) any provision contained in subchapter F of chapter 
15 (relating to nationality and citizenship); 
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‘‘(7) section 523 of the Gramm-Leach-Bliley Act (15 
U.S.C. 6823) (relating to obtaining customer information 
by false pretenses); 
‘‘(8) section 243 or 266 of the Immigration and Nation-
ality Act (8 U.S.C. 1253 and 1306) (relating to knowingly 
failing to leave the United States after deportation and cre-
ating a counterfeit alien registration card); 
‘‘(9) any provision contained in chapter 8 of title II of 
the Immigration and Nationality Act (8 U.S.C. 1321 et 
seq.) (relating to various immigration offenses); or 
‘‘(10) section 208, 811, 1107(b), 1128B(a), or 1632 of 
the Social Security Act (42 U.S.C. 408, 1011, 1307(b), 
1320a-7b(a), and 1383a) (relating to false statements re-
lating to programs under the Act). 
‘‘§ 785. Fraudulent use of credit card 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) knowingly in a transaction affecting interstate or 
foreign commerce, uses or attempts or conspires to use any 
counterfeit, fictitious, altered, forged, lost, stolen, or fraud-
ulently obtained credit card to obtain money, goods, serv-
ices, or anything else of value which within any one-year 
period has a value aggregating $1,000 or more; 
‘‘(2) with unlawful intent, transports or attempts or con-
spires to transport in interstate or foreign commerce a 
counterfeit, fictitious, altered, forged, lost, stolen, or fraud-
ulently obtained credit card knowing the same to be coun-
terfeit, fictitious, altered, forged, lost, stolen, or fraudu-
lently obtained; 
‘‘(3) with unlawful intent, uses any instrumentality of 
interstate or foreign commerce to sell or transport a coun-
terfeit, fictitious, altered, forged, lost, stolen, or fraudu-
lently obtained credit card knowing the same to be counter-
feit, fictitious, altered, forged, lost, stolen, or fraudulently 
obtained; 
‘‘(4) knowingly receives, conceals, uses, or transports 
money, goods, services, or anything else of value (except 
tickets for interstate or foreign transportation) which— 
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