What Is Aggravated Identity Theft?

Stolen credit cards are often the first step to identity theft.

The Federal Trade Commission (FTC) estimates that 9 million Americans have their identities stolen each year. Many people are not aware that their identity has been stolen until a credit card statement or alert is made. Aggravated identity theft is a serious criminal offense, defined by law as the "use of a stolen identity to commit certain criminal acts." It is a serious violation that can lead to years of damage control for the victim.

Offenses

Aggravated identity theft is divided into two categories. The general offender is whoever "knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person," whether it is in relation to money, property, citizenship or even customer information, Cornell University Law School reports. The second category of offense, the terrorism offense, punishes whoever "knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document."

Penalties

The Identity Theft Penalty Enhancement Act--signed by President George W. Bush in July 2004--increased the penalties for identity theft, establishing aggravated identity theft as a criminal offense. Offenders receive a five-year prison term if convicted of using or providing fake IDs to help terrorists and a two-year term if the fake IDs were provided to non-terrorism-related crimes, according to Social Security Online.

Illegal Immigrants

In 2009, the Supreme Court narrowly defined the Identity Theft Penalty Enhancement Act, ruling in a court case that an illegal worker and resident of the United States cannot face an additional two years in prison for aggravated identity theft unless he knew his fake ID belonged to a real person. This unanimous decision "makes it harder for federal prosecutors to use the aggravated identity theft statute to boost prison sentences in undocumented immigrant cases," The Christian Science Monitor reports. Those who knowingly use the identification of another person must face face a minimum of two years in prison.

Victims

Identity theft is serious. Some cases are easy to fix, but other victims find themselves backtracking their lives to nothing. Their records and good name are left damaged. According to the FTC, "some consumers victimized by identity theft may lose out on job opportunities, or be denied loans for education, housing or cars because of negative information on their credit reports."

Prevention

People can take a few key steps to prevent identity theft. When using an ATM, watch for shoulder surfers--people who try to get your information by looking at the numbers you press during a transaction. Identitytheft.org suggests that rather than signing the backs of your credit cards, write "See Photo ID." It also is important to shred personal papers. Mail your bills at a post office, and avoid leaving envelopes containing personal information in your outgoing mailbox. Check credit card and bank statements regularly to make sure there is no suspicious activity.

References

• Federal Trade Commisson: About Identity Theft
• Social Security Online: Identity Theft Penalty Enhancement Act
• Identity Theft: Prevention and Survival
• Cornell University Law School: Aggravated Identity Theft
• The Christian Science Monitor: Supreme Court narrows identify-theft