OI 264.2

APPENDIX TO OI 264.2

PUBLIC LAW 97-398-DEC.31, 1982

Public Law 97-398 96 STAT. 2009

97th Congress

An Act

To amend title 18 of the Unites 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:

Sec.1028. Fraud and related activity in connection with identification 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 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 identification 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 document 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 document 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 personal identification card;

"(B) the production or transfer of more than five identification documents or false identification documents; or

"(C) an offense under paragraph (5) of such subsection; to 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 document is or appears to be issued by or under the authority of the United States or the document-making implement is designated 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 document-making implement is transported in the mail in the the course of the production transfer or possession prohibited by this section.

"(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-governmental 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 identification 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 Colombia, the Commonwealth of Puerto Rico, and any other possession or territory of the United States.

"(e) This section does not prohibit any lawfully authorized investigative, protective or intelligence activity of a law enforcement State, or of an intelligence activity of a law enforcement State, or the intelligence agency of the United States, or any 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:

"1028. Fraud 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:

"Sec. 1738. Mailing private identification documents without a disclaimer

"(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 to 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 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 f individuals ad which is not issued by or under the authority of a government".

(b) The table of section sat 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 disclaimer".

Sec. 5 Section 3001(a) of title 39, United State Code is amended by striking our "or 1718" and inserting in lieu thereof "1718, or 1738".