SentenceCalc

Aggravated Identity Theft Sentence Calculator

This page covers cases where a person used someone else's identity while committing another felony. Federal sentences for aggravated identity theft are calculated under §2B1.6 of the Sentencing Guidelines. Answer the questions below to see the range for a specific case.

Verified Checked against the manual text in at least five AI-assisted review rounds. Not yet reviewed by an attorney. Guidelines Manual effective November 1, 2025Updated October 4, 2026

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Starting level and typical ranges

For this charge the guideline sentence is the prison term the statute requires. Role, criminal history and plea adjustments do not change it, and it usually runs on top of any other sentence.

SituationGuideline sentence
Identity used during a listed felony such as fraud or theft2 years
Identity used during a terrorism offense5 years

Important details

  • The guideline sentence is the prison term the statute requires. No Chapter Three adjustments (such as role, obstruction or acceptance of responsibility) and no Chapter Four criminal history rules apply to this count (§2B1.6(a)).
  • This term generally runs on top of, not at the same time as, the sentence for the underlying crime. With several §1028A counts, the judge may run those counts at the same time as each other (§2B1.6, note 1).
  • When this sentence is added to a sentence for the underlying crime, do not also apply any increase in that crime's guideline for using, having or transferring someone's identifying information (§2B1.6, note 2).
  • Calculator limits: The manual states only that the statute requires either two or five years (§5G1.2, note 2). Which term fits which conduct comes from 18 U.S.C. §1028A itself.

Frequently asked questions

Is the calculator accurate for aggravated identity theft?

It follows §2B1.6 of the Guidelines Manual effective November 1, 2025. It passed 5 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.