39-17-115 - Knowingly manufacturing, providing, transfering or submitting false identification for the purposes of obtaining or maintaining employment.

39-17-115. Knowingly manufacturing, providing, transfering or submitting false identification for the purposes of obtaining or maintaining employment.

(a)  As used in this section, unless the context otherwise requires:

     (1)  “Employment” means any work engaged in for compensation in money or other valuable consideration and for which a person paying the compensation for the work performed would be required to file a W-2 wage and tax statement with the federal internal revenue service;

     (2)  “False identification” means a document of a type intended or commonly accepted for the purposes of identification of individuals that would identify the individual to be a lawful resident alien, an individual authorized to be employed by the federal Immigration and Naturalization Act, compiled in 8 U.S.C. § 1101 et seq., or the United States attorney general or that would identify the individual to be a United States citizen that:

          (A)  Is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit; and

          (B)  Appears to be issued by or under the authority of a governmental entity; and

     (3)  “Person” means individual, corporation, partnership, association or any other legal entity.

(b)  It is an offense for a person to knowingly manufacture, provide, transfer or submit to any other person false identification for the purposes of obtaining or maintaining employment.

(c)  A violation of subsection (b) is a Class A misdemeanor. Each false identification document used in violation of subsection (b) shall constitute a separate offense.

(d)  Nothing in this section shall be construed to prohibit prosecution under any other law.

(e)  Upon conviction of a violation of subsection (b), if it is determined that any person in connection with a violation of this section is not lawfully present in the United States, pursuant to the federal Immigration and Naturalization Act, compiled in 8 U.S.C. § 1101 et seq., the court shall notify the United States department of homeland security.

[Acts 2009, ch. 155, § 1.]