False Identification Crime Control Act of 1982
PL 97-398 (H.R.6946), enacted 12/31/1982

PUBLIC LAW 97-398—DEC. 31, 1982 
96 STAT. 2009 
Public Law 97-398 
97th Congress 
An Act 
To amend title 18 of the United States Code to provide penalties for certain false 
identification related crimes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "False Identification Crime Control Act of 1982". 
SEC. 2. Chapter 47 of title 18 of the United States Code is amended 
by adding at the end the following: 
"§ 1028. Fraud and related activity in connection with identifica-
tion documents 
"(a) Whoever, in a circumstance described in subsection (c) of this 
section— 
"(1) knowingly and without lawful authority produces an 
identification document or a false identification document; 
"(2) knowingly transfers an identification document or a false 
j 
identification document knowing that such document was 
• 
stolen or produced without lawful authority; 
"(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) or false 
identification documents; 
"(4) knowingly possesses an identification document (other 
than one issued lawfully for the use of the possessor) or a false 
identification document, with the intent such document be used 
- 
to defraud the United States; or 
"(5) knowingly produces, transfers, or possesses a document-
making implement with the intent such document-making 
implement will be used in the production of a false identifica-
tion document or another document-making implement which 
will be so used; 
"(6) possesses an identification document that is or appears to 
be an identification document of the United States which is 
stolen or produced without authority knowing that such docu-
ment was stolen or produced without authority; 
or attempts to do so, shall be punished as provided in subsection (b) 
of this section. 
"(b) The punishment for an offense under subsection (a) of this 
section is— 
"(1) a fine of not more than $25,000 or imprisonment for not 
more than five years, or both, if the offense is— 
"(A) the production or transfer of an identification docu-
ment or false identification document that is or appears to 
be— 
"(i) an identification document issued by or under the 
, 
authority of the United States; or 
"(ii) a birth certificate, or a driver's license or per-
] ' 
sonal identification card; 
Dec. 31, 1982 
[H.R. 6946] 
False 
Identification 
Crime Control 
Act of 1982. 
18 u s e 1001 
note. 
18 u s e 1028. 
Penalties. 
96 STAT. 2010 
PUBLIC LAW 97-398—DEC. 31, 1982 
"(B) the production or transfer of more than five identifi-
cation documents or false identification documents; or 
"(C) an offense under paragraph (5) of such subsection; 
"(2) a fine of not more than $15,000 or imprisonment for not 
more than three years, or both, if the offense is— 
"(A) any other production or transfer of an identification 
document or false identification document; or 
"(B) an offense under paragraph (3) of such subsection; 
and 
"(3) a fine of not more than $5,000 or imprisonment for not 
more than one year, or both, in any other case. 
"(c) The circumstance referred to in subsection (a) of this section is 
that— 
• ' 
"(1) the identification document or false identification docu-
ment is or appears to be issued by or under the authority of the 
United States or the document-making implement is designed 
or suited for making such an identification document or false 
identification document; 
"(2) the offense is an offense under subsection (a)(4) of this 
section; or 
"(3) the production, transfer, or possession prohibited by this 
section is in or affects interstate or foreign commerce, or the 
identification document, false identification document, or docu-
ment-making implement is transported in the mail in the 
course of the production, transfer, or possession prohibited by 
this section. 
Definitions. 
"(d) As used in this section— 
"(1) 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-govern-
mental 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; 
"(2) the term 'produce' includes alter, authenticate, or 
assemble; 
"(3) the term 'document-making implement' means any 
implement or impression specially designed or primarily used 
for making an identification document, a false identification 
document, or another document-making implement; 
"(4) the term 'personal identification card' means an identifi-
cation document issued by a State or local government solely for 
the purpose of identification; and 
"(5) the term 'State' includes any State of the United States, 
the District of Columbia, the Commonwealth of Puerto Rico, 
and any other possession or territory of the United States. 
"(e) This section does not prohibit any lawfully authorized investi-
gative, 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 title V of the Organized Crime Control Act 
of 1970 (18 U.S.C. note prec. 3481).". 
SEC. 3. The table of sections at the beginning of chapter 47 of title 
18 of the United States Code is amended by adding at the end the 
following: 
K-Jilltuifri 
PUBLIC LAW 97-398—DEC. 31, 1982 
96 STAT. 2011 
"1028. FVaud and related activity in connection with identification documents.". 
SEC. 4. (a) Chapter 83 of title 18, United States Code, is amended 
by adding at the end thereof the following: 
*
*
§ 1738. Mailing private identification documents without a dis-
claimer 
"(a) Whoever, being in the business of furnishing identification 
documents for valuable consideration, and in the furtherance of that 
business, uses the mails for the mailing, carriage in the mails, or 
delivery of, or causes to be transported in interstate or foreign 
commerce, any identification document— 
"(1) which bears a birth date or age purported to be that of 
the person named in such identification document; and 
"(2) knowing that such document fails to carry diagonally 
printed clearly and indelibly on both the front and back "NOT 
A GOVERNMENT DOCUMENT" in capital letters in not less 
than twelve point type; 
shall be fined not more than $1,000, imprisoned not more than one 
year, or both. 
"(b) For purposes of this section the term 'identification document' 
means a document which is of a type intended or commonly 
accepted for the purpose of identification of indviduals and which is 
not issued by or under the authority of a government.". 
(b) The table of sections at the beginning of chapter 83 of title 18, 
United States Code, is amended by adding at the end thereof the 
following new item: 
"1738. Mailing private identification documents without a disclaimer.". 
SEC. 5. Section 3001(a) of title 39, United States Code, is amended 
by striking out "or 1718" and inserting in lieu thereof ", 1718, or 
1738". 
Approved December 31, 1982. 
18 u s e 1738. 
Penalties. 
"Identification 
document." 
LEGISLATIVE HISTORY—H.R. 6946: 
HOUSE REPORTS: No. 97-802 (Comm. on the Judiciary) and No. 97-975 (Comm. of 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Sept. 14, considered and passed House. 
Oct. 1, considered and passed Senate, amended. 
Dec. 17, House agreed to conference report. 
Dec. 19, Senate agreed to conference report.