Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The Department’s essential law enforcement and national security functions will continue. Please refer to the Department of Justice’s contingency plan for more information.

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 JM 9-64.400]

Updated September 19, 2018