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1512

Prohibited Acts—18 U.S.C. § 1028

Although there are six subsections in section 1028(a), they can be viewed as chiefly covering 10 different prohibited acts:

  1. Producing without lawful authority an identification document or a false identification document (18 U.S.C. § 1028(a)(1));

  2. Transferring an identification document or a false identification document knowing that such document was stolen or produced without lawful authority (18 U.S.C. § 1028(a)(2));

  3. Possessing with intent to use unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor) or false identification documents (18 U.S.C. § 1028(a)(3));

  4. Possessing with intent to transfer unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor) or false identification documents (18 U.S.C. § 1028(a)(3));

  5. Possessing an identification document (other than one issued lawfully for the use of the possessor) or a false identification document with the intent such document be used to defraud the United States (18 U.S.C. § 1028(a)(4));

  6. Possessing an identification document that is an identification document of the United States which is stolen, knowing that such document was stolen (18 U.S.C. § 1028(a)(6));

  7. Possessing an identification document that appears to be an identification document of the United States, which was produced without authority knowing that such document was produced without authority (18 U.S.C. § 1028(a)(6));

  8. Producing, transferring, or possessing a document-making implement with the intent that such document-making implement be used in the production of a false identification document (18 U.S.C. § 1028(a)(5));

  9. Producing, transferring, or possessing a document-making implement with the intent that such document-making implement be used in the production of another document-making implement which will be used in the production of a false identification document (18 U.S.C. § 1028(a)(5)); and

  10. Attempting to do any of the above (18 U.S.C. § 1028(a)).

[cited in USAM 9-64.400]