Penalty Info

Home / United States / Identity theft / aggravated identity theft

Identity theft / aggravated identity theftPossibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

§ 1028 — Identity-document fraudPossibly — unconfirmed

Imprisonment
0 (no mandatory prison) – 15 years
Fine
Per § 3571 cap (see fine-cap note)

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

§ 1028 — Drug / violent-crime connectionPossibly — unconfirmed

Imprisonment
0 (no mandatory prison) – 20 years
Fine
Per § 3571 cap (see fine-cap note)

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

§ 1028 — Terrorism connectionPossibly — unconfirmed

Imprisonment
0 (no mandatory prison) – 30 years
Fine
Per § 3571 cap (see fine-cap note)

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

§ 1028A — Aggravated identity theftPossibly — unconfirmed

Imprisonment
Mandatory 2 years, consecutive (terrorism: mandatory 5 years, consecutive)
Fine
Per § 3571 cap (see fine-cap note)
Note on this entry

§ 1028A is an ENHANCEMENT, not a standalone offence: the mandatory term runs consecutively to the underlying felony and may not be served concurrently.

Source

Statute
18 U.S.C. §§ 1028, 1028A
Official source
uscode.house.gov (search-snippet corroboration)
Verification status
Corroborated via official-text search snippets; re-check before treating as verified.
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.