False Passport Application Laws
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How to Obtain a US Passport
A passport can be obtained from the Passport Services Office of the United States Department of State, upon a showing of (1) a completed passport application, (2) present proof of United States citizenship, (3) present proof of identity, (4) two passport photos, (5) a social security number, and (6) passport photos.
What Are False Statements in the Application and Use of a U.S. Passport?
False statements in the application and use of a passport occur when a passport applicant:
- knowingly and willfully makes a false statement,
- in a passport application, with
- the intent to induce assurance of a passport.
Making these false statements is a criminal violation of 18 USCA Â§ 1542. It is not necessary that a passport actually be obtained by the applicant to be found guilty. The government has the burden of poof for showing the existence of all the above elements. If the false statement is made in a different name, the prosecution must also show that (1) the name used on the application is not that of the applicant, and (2) the applicant used the different name for fraudulent purposes.
What Is the Penalty for False Statements?
Those found guilty of making false statements in the application and use of a passport can face:
- Incarceration (jail or prison): up to 25 years for using the false statements in connection with international terrorism, 20 years for using the false statements in connection with trafficking drugs, or 15 years for other uses, or
- Both a fine and incarceration
Do I Need an Attorney If I Am Charged with Making a False Passport Application?
If you are being charged with false statement in application and use of a passport, it is extremely important for you to retain the services of an attorney. An experienced criminal defense attorney can fully explain the charges against you and help defend your rights.
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Last Modified: 12-29-2014 10:43 AM PST
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