Believe it or not, the Supreme Court Of The United States have voted UNANIMOUSLY to say that if an illegal alien is using someone else’s identity, he cannot be prosecuted unless it can be shown that the person KNEW that the SSN belonged to someone already! Note that the person can still be found guilty of a lesser charge such as falsifying paperwork or misrepresentation etc, but to find him guilty of the maximum fine of aggravated ID theft it has to be shown he KNEW the number was fake. Forgive my cynicism, but it is impossible to prove what someone THOUGHT.
The case is based upon a case of an illegal worker in a Moline, IL steel plant who (I assume) got cold feet about using another person’s ID. His employer called in authorities and the man was arrested. He plead guilty to several lesser charges and not guilty to the aggravated charge. He lost and was found guilty on all counts. His case was appealed all the way up and here we have it.
Ignorance is Bliss will now be a valid defense. What ever happened to Ignorance of the law is no excuse? Will I now be able to say that Your honor, this guy stopped at a bus stop and just gave me his car. I had no idea that it was stolen. Or, according to a friend of mine, I borrowed my cousin’s gun and tried to rob a store. Your honor, I didn’t even know it was real. I didn’t know that there were bullets in it. (Ok, extreme case and I KNOW there are laws about using even a fake gun, but I take license t say what I want here.)
What is most troubling is that it was a UNANIMOUS decision. I am still very curious as to how conservative judges can agree with this. I think that this is going to open up an entire can of worms. Everyone who has been convicted of ID theft can now flood the courts with appeals based on this ruling.
Ignorance is bliss. Congress must be in an eternal state.
The revolution is at hand. Will you be a leader or a follower?