Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

Justices Take Case on Illegal Workers and Penalties for Identity Theft

Is it identity theft for an illegal alien to pick nine random numbers to try to gain employment to work. This has been a favorite tool of prosecutors to add two years to the sentence for aggravated identity theft. The defendant unknowingly used a social security number to minor child. Now the debate centers on whether the statute requires knowledge that the social security was indeed another person’s.

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