Page:United States Statutes at Large Volume 118.djvu/861

 118 STAT. 831 PUBLIC LAW 108–275—JULY 15, 2004 Public Law 108–275 108th Congress An Act To amend title 18, United States Code, to establish penalties for aggravated identity theft, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Identity Theft Penalty Enhance ment Act’’. SEC. 2. AGGRAVATED IDENTITY THEFT. (a) IN GENERAL.—Chapter 47 of title 18, United States Code, is amended by adding after section 1028, the following: ‘‘§ 1028A. Aggravated identity theft ‘‘(a) OFFENSES.— ‘‘(1) IN GENERAL.—Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly trans fers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. ‘‘(2) TERRORISM OFFENSE.—Whoever, during and in relation to any felony violation enumerated in section 2332b(g)(5)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punish ment provided for such felony, be sentenced to a term of impris onment 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 impris onment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including 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 imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to com pensate for, or otherwise take into account, any separate term Identity Theft Penalty Enhancement Act. 18 USC 1001 note. July 15, 2004 [H.R. 1731]

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