Passports are essential documents for proving identity and citizenship, especially when traveling internationally. Because of their importance, the federal government takes any misuse of a passport very seriously.
Under federal law, specifically 18 U.S.C. 1544, the misuse of a passport is a crime that can result in steep fines and lengthy prison sentences. Pleas contact a skilled criminal defense attorney now if you are facing charges of a federal crime.
What Constitutes Misuse of a Passport?
A person can be charged with misuse of a passport if they do any of the following:
- Use a passport issued to another person (even with that person’s permission),
- Provide their own passport for someone else’s use,
- Use a passport in violation of restrictions or conditions imposed by law,
- Use a revoked, expired, or altered passport, or
- Attempt to enter or leave the United States with a false or fraudulent passport.
In short, 18 USC 1544 criminalizes any act that involves deception, false identity, or the unauthorized use of a passport.
What are the Penalties for Misusing a Passport?
The misuse of a passport is punishable by:
- Confinement in federal prison for up to 10 years, and/or
- Substantial fines.
Note that if the misuse of a passport facilitates drug trafficking or terrorism, the crime can result in a prison term of 20 years or more.
Why is the Law So Strict
Passports are more than travel documents. They are a symbol of U.S. citizenship and are often used for identification in banking, employment, and government matters.
Misusing a passport can enable identity theft, illegal immigration, trafficking, or terrorism. That’s why prosecutors and courts treat these cases with such seriousness.
Are There Defenses to Passport Misuse Charges?
Yes. Not every alleged misuse charge leads to a conviction. Possible defenses might include:
- Lack of intent: The government must prove the defendant knowingly misused the passport.
- Mistaken identity: The accused wasn’t the person involved.
- Invalid search or seizure: Evidence was obtained in violation of constitutional rights.
Because this is a federal crime, anyone facing these charges should consult with an experienced federal criminal defense attorney immediately.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a charge of misusing a passport, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various criminal charges under federal law. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
* Main image at top by freepik
