Identity Theft and Assumption Deterrence Act


The federal Identity Theft and Assumption Deterrence Act (1998) makes identity theft a federal crime.

  • makes it illegal for anyone to knowingly transfer or use another person’s identification with the intent to commit a crime
  • under the law, an identification document is any document made or issued by the federal or a state government
  • Identifying information includes:
    • name
    • Social Security number (SSN)
    • driver’s license number
    • Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation
    • Unique electronic identification number, address, or routing code
    • Electronic serial number or any other number or signal that identifies a specific telecommunications device or account
    • Any other piece of information that may be used to identify a specific person

Penalty

  • subject to fines and criminal penalties of up to 15 years in prison
  • increases to 30 years in special circumstances
    • where identity theft is used to facilitate terrorism
  • violators must give any personal property used to commit identity theft crimes to the government