1507
Types of Identification Documents18 U.S.C. §
1028
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Identification documents fall into two categories: (A) "genuine"
or
(B) "false." Neither type is defined in 18 U.S.C. § 1028. The types
may
even overlap at times.
- Genuine Documents -- The term "genuine" is not used in
section
1028 but is used here to refer to those authentic identification documents
actually made or issued under the authority of a governmental entity. It
includes genuine blank documents (i.e., blank forms not yet filled in).
- False Documents -- The term "false identification document" is used
throughout section 1028 but is not defined in the section. The term is
intended
to include counterfeit, forged, or altered identification documents as well
as
apparent identification documents which seem to have been issued by a
government
authority, even though that authority may not issue an identification
document
of that particular type. This concept would also apply when an
identification
document purports to be issued by a governmental entity, which in fact does
not
actually exist. See Pines v. United States, 123 F.2d 825 (8th
Cir.
1941). "Counterfeit" implies an unauthorized reproduction of an original
document, which would include a blank. "Altered" would be the unauthorized
changing of a material fact contained in the document. "Forged" would
relate to
the unauthorized execution of the document such as filling in a genuine
blank
identification document without authority. It is possible for a document to
be
"genuine" and "false" at the same time (e.g., a genuine driver's license is
stolen and the driver's name is altered; a genuine birth certificate blank
form
is stolen and is filled in without authorization).
[cited in Criminal Resource Manual 1511; USAM 9-64.400] | |