The increase in crimes of identity theft led to the drafting of the Identity Theft and Assumption Deterrence Act. In 1998, The Federal Trade Commission appeared before the United States Senate. The FTC discussed crimes which exploit consumer credit to commit loan fraud, mortgage fraud, lines - of - credit fraud, credit card fraud, commodities and services frauds. The Identity Theft Deterrence Act (2003) (ITADA) amended U.S. Code Title 18, § 1028 ("Fraud related to activity in connection with identification documents, authentication features, and information ''). The statute now makes the possession of any "means of identification '' to "knowingly transfer, possess, or use without lawful authority '' a federal crime, alongside unlawful possession of identification documents. However, for federal jurisdiction to prosecute, the crime must include an "identification document '' that either: (a) is purportedly issued by the United States, (b) is used or intended to defraud the United States, (c) is sent through the mail, or (d) is used in a manner that affects interstate or foreign commerce. See 18 U.S.C. § 1028 (c). Punishment can be up to 5, 15, 20, or 30 years in federal prison, plus fines, depending on the underlying crime per 18 U.S.C. § 1028 (b). In addition, punishments for the unlawful use of a "means of identification '' were strengthened in § 1028A ("Aggravated Identity Theft ''), allowing for a consecutive sentence under specific enumerated felony violations as defined in § 1028A (c) (1) through (11).
when did identity theft become a federal crime
2003