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Aggravated identity theft is a serious crime, which is punishable under federal law. The penalties for aggravated identity theft start at two years in prison, and can vary depending upon the type of offense and whether there are any consecutive sentences.
U.S. Code
Aggravated identity theft is listed under U.S. Code, Title 18, Section 1, Chapter 47, 1028A.
General Offense
The most basic level of aggravated identity theft consists of someone who, during or in relation to another felony, "knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person." The penalty is two years of imprisonment in addition to the punishment for the related felony.
Terrorism Offense
A person is guilty of a terrorism offense if someone who, during or in relation to another felony that falls into the category of acts of terrorism, "knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document... ." The penalty for a terrorism offense is five years of imprisonment in addition to the punishment for the related felony.
Consecutive Sentence
If a person found guilty of aggravated identity theft is facing consecutive sentences, probation is revoked.
Significance
Aggravated identity theft is a more serious offense then identity theft.
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