Identity Theft Penalty Enhancement Act
The Identity Theft Penalty Enhancement Act, Public Law 108-275, is federal legislation establishing penalties for "aggravated identity theft," or identity theft in connection with a felony. It includes prison time and prohibits probation or reduced sentences as well as prison sentences concurrent with those of other violations.
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History
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The Identity Theft Penalty Enhancement Act, HR 1731, was introduced April 10, 2003, by Representative John Carter, a Texas Republican, and 26 cosponsors. It was referred to the House Judiciary Committee and then passed in the House on June 23, 2004, by a voice vote. It unanimously passed the Senate on June 25, 2004. President George W. Bush signed it into law on July 15, 2004.
Background
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Identity theft was the number one consumer fraud complaint to the Federal Trade Commission in 2003 with 214,905 reported cases. The agency itself estimated up to 27.3 million people may have fallen victim in the previous five years. A September 2003 FTC report estimated identity theft's cost to U.S. businesses and consumers at $53 billion annually.
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Sentencing
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The law established a two-year prison sentence for "knowingly transferring, possessing or using" another's identification during specific felonies including theft by a bank employee or officer, theft of public property, fraud and immigration offenses and Social Security and Medicare fraud.
The law also established a five-year sentence for identity theft during felonies related to terrorist acts. It prohibited courts from putting the offender on probation, reducing his sentence or imposing a sentence concurrent with those for other violations.
Expanded Definition
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The law expanded "identity theft" to include possession of another's identity with intent to commit specified crimes and included domestic terrorism acts as well as international terrorism.
Features
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The law allowed combining the amounts from theft of public money, property and records along with those from embezzlement into a single amount when determining the sentence. It also authorized Justice Department funding for investigating and prosecuting identity theft along with credit card and other felony fraud cases.
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