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18 U.S.C. §§ 1028–1030

4 sections in range

§1028. Fraud and related activity in connection with identification documents, authentication features, and information

18 U.S.C. § 1028

(a)
Whoever, in a circumstance described in subsection (c) of this section—
(1)
knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document;
(2)
knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority;
(3)
knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor), authentication features, or false identification documents;
(4)
knowingly possesses an identification document (other than one issued lawfully for the use of the possessor), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States;
(5)
knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used;
(6)
knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority;
(7)
knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law; or
(8)

shall be punished as provided in subsection (b) of this section.

(b)
The punishment for an offense under subsection (a) of this section is—
(1)
except as provided in paragraphs (3) and (4), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is—
(A)
the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be—
(i)
an identification document or authentication feature issued by or under the authority of the United States; or
(ii)
a birth certificate, or a driver’s license or personal identification card;
(B)
(C)
an offense under paragraph (5) of such subsection; or
(D)
an offense under paragraph (7) of such subsection that involves the transfer, possession, or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating $1,000 or more during any 1-year period;
(2)
except as provided in paragraphs (3) and (4), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is—
(A)
(B)
an offense under paragraph (3) or (7) of such subsection;
(3)
a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed—
(A)
to facilitate a drug trafficking crime (as defined in section 929(a)(2));
(B)
in connection with a crime of violence (as defined in section 924(c)(3)); or
(C)
after a prior conviction under this section becomes final;
(4)
a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism (as defined under section 2331(5) of this title) or an act of international terrorism (as defined in section 2331(1) of this title);
(5)
in the case of any offense under subsection (a), forfeiture to the United States of any personal property used or intended to be used to commit the offense; and
(6)
a fine under this title or imprisonment for not more than one year, or both, in any other case.
(c)
The circumstance referred to in subsection (a) of this section is that—
(1)
the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document;
(2)
the offense is an offense under subsection (a)(4) of this section; or
(3)
either—
(A)
the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or
(B)
the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.
(d)
In this section and section 1028A
(1)
the term “authentication feature” means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified;
(2)
the term “document-making implement” means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement;
(3)
the term “identification document” means a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals;
(4)
the term “false identification document” means a document of a type intended or commonly accepted for the purposes of identification of individuals 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 the United States Government, a State, a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization;
(5)
the term “false authentication feature” means an authentication feature that—
(A)
is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit;
(B)
is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority; or
(C)
appears to be genuine, but is not;
(6)
the term “issuing authority”—
(A)
means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features; and
(B)
includes the United States Government, a State, a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization;
(7)
the term “means of identification” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any—
(A)
name, social security number, date of birth, official State or government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number;
(B)
unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;
(C)
unique electronic identification number, address, or routing code; or
(D)
telecommunication identifying information or access device (as defined in section 1029(e));
(8)
the term “personal identification card” means an identification document issued by a State or local government solely for the purpose of identification;
(9)
the term “produce” includes alter, authenticate, or assemble;
(10)
the term “transfer” includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others;
(11)
the term “State” includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States; and
(12)
the term “traffic” means—
(A)
to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value; or
(B)
to make or obtain control of with intent to so transport, transfer, or otherwise dispose of.
(e)
This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title.
(f)
Attempt and Conspiracy.— Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
(g)
Forfeiture Procedures.— The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 (other than subsection (d) of that section) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853).
(h)
Forfeiture; Disposition.— In the circumstance in which any person is convicted of a violation of subsection (a), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification.
(i)
Rule of Construction.— For purpose of subsection (a)(7), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification.

Footnotes

  1. 1 So in original.
Notes, amendments, and revision history

(Added Pub. L. 97–398, § 2, Dec. 31, 1982, 96 Stat. 2009; amended Pub. L. 99–646, § 44(a), Nov. 10, 1986, 100 Stat. 3601; Pub. L. 100–690, title VII, § 7023, Nov. 18, 1988, 102 Stat. 4397; Pub. L. 101–647, title XII, § 1205(e), Nov. 29, 1990, 104 Stat. 4831; Pub. L. 103–322, title XXXIII, § 330016(1)(K), (M), (O), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104–208, div. C, title II, § 211(a)(1), Sept. 30, 1996, 110 Stat. 3009–569; Pub. L. 104–294, title VI, § 601(a)(3), (p), Oct. 11, 1996, 110 Stat. 3498, 3502; Pub. L. 105–318, § 3(a)–(h)(1), Oct. 30, 1998, 112 Stat. 3007–3009; Pub. L. 106–578, § 3, Dec. 28, 2000, 114 Stat. 3076; Pub. L. 108–21, title VI, § 607(b), Apr. 30, 2003, 117 Stat. 689; Pub. L. 108–275, §§ 2(c), 3, July 15, 2004, 118 Stat. 832; Pub. L. 108–458, title VII, § 7216, Dec. 17, 2004, 118 Stat. 3833; Pub. L. 109–13, div. B, title II, § 203(a), May 11, 2005, 119 Stat. 315; Pub. L. 109–177, title VI, § 603, Mar. 9, 2006, 120 Stat. 253.)

Editorial Notes

Amendments

2006—Subsecs. (a)(6), (c)(1). Pub. L. 109–177, § 603(1), (2), inserted “or a sponsoring entity of an event designated as a special event of national significance” after “United States”.

Subsec. (d)(3). Pub. L. 109–177, § 603(3), inserted “a sponsoring entity of an event designated as a special event of national significance,” after “political subdivision of a State,”.

Subsec. (d)(4)(B), (6)(B). Pub. L. 109–177, § 603(4), inserted “a sponsoring entity of an event designated by the President as a special event of national significance,” after “political subdivision of a State,”.

2005—Subsec. (a)(8). Pub. L. 109–13 substituted “false or actual authentication features” for “false authentication features”.

2004—Subsec. (a)(7). Pub. L. 108–275, § 3(1), substituted “transfers, possesses,” for “transfers” and “abet, or in connection with,” for “abet,”.

Subsec. (b)(1)(D). Pub. L. 108–275, § 3(2), substituted “transfer, possession,” for “transfer”.

Subsec. (b)(2). Pub. L. 108–275, § 3(3), substituted “5 years” for “three years” in introductory provisions.

Subsec. (b)(4). Pub. L. 108–458 substituted “30 years” for “25 years”.

Pub. L. 108–275, § 3(4), inserted “an act of domestic terrorism (as defined under section 2331(5) of this title) or” after “facilitate”.

Subsec. (d). Pub. L. 108–275, § 2(c), inserted “and section 1028A” after “In this section” in introductory provisions.

2003—Pub. L. 108–21, § 607(b)(6), inserted “, authentication features,” after “documents” in section catchline.

Subsec. (a)(1). Pub. L. 108–21, § 607(b)(1)(A), inserted “, authentication feature,” after “an identification document”.

Subsec. (a)(2). Pub. L. 108–21, § 607(b)(1)(B), inserted “, authentication feature,” after “an identification document” and “or feature” after “such document”.

Subsec. (a)(3). Pub. L. 108–21, § 607(b)(1)(C), inserted “, authentication features,” after “possessor)”.

Subsec. (a)(4). Pub. L. 108–21, § 607(b)(1)(D), inserted “, authentication feature,” after “possessor)” and “or feature” after “such document”.

Subsec. (a)(5). Pub. L. 108–21, § 607(b)(1)(E), inserted “or authentication feature” after “implement” wherever appearing.

Subsec. (a)(6). Pub. L. 108–21, § 607(b)(1)(F), inserted “or authentication feature” before “that is or appears”, “or authentication feature” before “of the United States” and “or feature” after “such document” and struck out “or” at end.

Subsec. (a)(7). Pub. L. 108–21, § 607(b)(1)(G), inserted “or” after semicolon at end.

Subsec. (a)(8). Pub. L. 108–21, § 607(b)(1)(H), added par. (8).

Subsec. (b)(1)(A). Pub. L. 108–21, § 607(b)(2)(A)(i)(I), inserted “, authentication feature,” before “or false” in introductory provisions.

Subsec. (b)(1)(A)(i). Pub. L. 108–21, § 607(b)(2)(A)(i)(II), inserted “or authentication feature” after “document”.

Subsec. (b)(1)(B). Pub. L. 108–21, § 607(b)(2)(A)(ii), inserted “, authentication features,” before “or false”.

Subsec. (b)(2)(A). Pub. L. 108–21, § 607(b)(2)(B), inserted “, authentication feature,” before “or a false”.

Subsec. (c)(1). Pub. L. 108–21, § 607(b)(3), inserted “, authentication feature,” before “or false” in two places.

Subsec. (d). Pub. L. 108–21, § 607(b)(4), added pars. (1), (5), (6) and (12), redesignated former pars. (1), (2), (3), (4), (5), (6), (7), and (8) as pars. (2), (3), (4), (7), (8), (9), (10), and (11), respectively, and in par. (4)(A) inserted “or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit” after “entity”.

Subsecs. (h), (i). Pub. L. 108–21, § 607(b)(5), added subsec. (h) and redesignated former subsec. (h) as (i).

2000—Subsec. (c)(3)(A). Pub. L. 106–578, § 3(1), inserted “, including the transfer of a document by electronic means” after “commerce”.

Subsec. (d)(1). Pub. L. 106–578, § 3(2)(A), inserted “template, computer file, computer disc,” after “impression,”.

Subsec. (d)(3) to (8). Pub. L. 106–578, § 3(2)(B)–(F), added pars. (3) and (7) and redesignated former pars. (3), (4), (5), and (6) as (4), (5), (6), and (8), respectively.

1998—Pub. L. 105–318, § 3(h)(1), inserted “and information” at end of section catchline.

Subsec. (a). Pub. L. 105–318, § 3(a)(3), struck out “or attempts to do so,” before “shall be punished” in concluding provisions.

Subsec. (a)(7). Pub. L. 105–318, § 3(a)(1), (2), (4), added par. (7).

Subsec. (b)(1)(D). Pub. L. 105–318, § 3(b)(1), added subpar. (D).

Subsec. (b)(2)(A). Pub. L. 105–318, § 3(b)(2)(A), substituted “, transfer, or use of a means of identification, an identification document, or a” for “or transfer of an identification document or”.

Subsec. (b)(2)(B). Pub. L. 105–318, § 3(b)(2)(B), inserted “or (7)” after “(3)”.

Subsec. (b)(3). Pub. L. 105–318, § 3(b)(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed to facilitate a drug trafficking crime (as defined in section 929(a)(2) of this title);”.

Subsec. (b)(5), (6). Pub. L. 105–318, § 3(b)(4)–(6), added par. (5) and redesignated former par. (5) as (6).

Subsec. (c)(3). Pub. L. 105–318, § 3(c), added par. (3) and struck out former par. (3) which read as follows: “the production, transfer, or possession prohibited by this section is in or affects interstate or foreign commerce, or the identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, or possession prohibited by this section.”

Subsec. (d). Pub. L. 105–318, § 3(d), amended subsec. (d) generally. Prior to amendment, subsec. (d) consisted of pars. (1) to (5) defining “identification document”, “produce”, “document-making implement”, “personal identification card”, and “State” as used in this section.

Subsec. (f). Pub. L. 105–318, § 3(e), added subsec. (f).

Subsec. (g). Pub. L. 105–318, § 3(f), added subsec. (g).

Subsec. (h). Pub. L. 105–318, § 3(g), added subsec. (h).

1996—Subsec. (a)(4), (5). Pub. L. 104–294, § 601(p), struck out “or” after semicolon in par. (4) and inserted “or” after semicolon in par. (5).

Subsec. (b). Pub. L. 104–294, § 601(a)(3), substituted “fine under this title” for “fine of under this title” wherever appearing.

Subsec. (b)(1). Pub. L. 104–208, § 211(a)(1)(A), in introductory provisions inserted “except as provided in paragraphs (3) and (4),” after “(1)” and substituted “15 years” for “five years”.

Subsec. (b)(2). Pub. L. 104–208, § 211(a)(1)(B), inserted “except as provided in paragraphs (3) and (4),” after “(2)” in introductory provisions and struck out “and” at end.

Subsec. (b)(3) to (5). Pub. L. 104–208, § 211(a)(1)(C), (D), added pars. (3) and (4) and redesignated former par. (3) as (5).

1994—Subsec. (b)(1). Pub. L. 103–322, § 330016(1)(O), substituted “under this title” for “not more than $25,000”.

Subsec. (b)(2). Pub. L. 103–322, § 330016(1)(M), substituted “under this title” for “not more than $15,000”.

Subsec. (b)(3). Pub. L. 103–322, § 330016(1)(K), substituted “under this title” for “not more than $5,000”.

1990—Subsec. (d)(5). Pub. L. 101–647 inserted “commonwealth,” before “possession or territory of the United States”.

1988—Subsec. (a)(6). Pub. L. 100–690 inserted “knowingly” before “possesses”, “lawful” before first reference to “authority”, and “such” before second reference to “authority”.

1986—Subsec. (e). Pub. L. 99–646 substituted “chapter 224 of this title” for “title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Pub. L. 106–578, § 5, Dec. 28, 2000, 114 Stat. 3077, provided that: “This Act [amending this section, repealing section 1738 of this title, and enacting provisions set out as a note below] and the amendments made by this Act shall take effect 90 days after the date of enactment of this Act [Dec. 28, 2000].”

Effective Date of 1996 Amendment

Pub. L. 104–208, div. C, title II, § 211(c), Sept. 30, 1996, 110 Stat. 3009–570, provided that: “This section [amending this section and sections 1425 to 1427, 1541 to 1544, and 1546 of this title and enacting provisions set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this section shall apply with respect to offenses occurring on or after the date of the enactment of this Act [Sept. 30, 1996].”

Coordinating Committee on False Identification

Pub. L. 106–578, § 2, Dec. 28, 2000, 114 Stat. 3075, provided that: In General.—The Attorney General and the Secretary of the Treasury shall establish a coordinating committee to ensure, through existing interagency task forces or other means, that the creation and distribution of false identification documents (as defined in section 1028(d)(3) [now 1028(d)(4)] of title 18, United States Code, as added by section 3(2) of this Act) is vigorously investigated and prosecuted. Membership.—The coordinating committee shall consist of the Director of the United States Secret Service, the Director of the Federal Bureau of Investigation, the Attorney General, the Commissioner of Social Security, and the Commissioner of Immigration and Naturalization, or their respective designees. Term.—The coordinating committee shall terminate 2 years after the effective date of this Act [see Effective Date of 2000 Amendment note above].Report.— In general.—The Attorney General and the Secretary of the Treasury, at the end of each year of the existence of the committee, shall report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the activities of the committee. Contents.—The report referred to in paragraph (1) shall include— the total number of indictments and informations, guilty pleas, convictions, and acquittals resulting from the investigation and prosecution of the creation and distribution of false identification documents during the preceding year; identification of the Federal judicial districts in which the indictments and informations were filed, and in which the subsequent guilty pleas, convictions, and acquittals occurred; specification of the Federal statutes utilized for prosecution; a brief factual description of significant investigations and prosecutions; specification of the sentence imposed as a result of each guilty plea and conviction; and recommendations, if any, for legislative changes that could facilitate more effective investigation and prosecution of the creation and distribution of false identification documents.”

[For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]

[For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.]

Constitutional Authority

Pub. L. 105–318, § 2, Oct. 30, 1998, 112 Stat. 3007, provided that: “The constitutional authority upon which this Act [see Short Title of 1998 Amendments note set out under section 1001 of this title] rests is the power of Congress to regulate commerce with foreign nations and among the several States, and the authority to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the Government of the United States or in any department or officer thereof, as set forth in article I, section 8 of the United States Constitution.”

Centralized Complaint and Consumer Education Service for Victims of Identity Theft

Pub. L. 105–318, § 5, Oct. 30, 1998, 112 Stat. 3010, provided that: In General.—Not later than 1 year after the date of enactment of this Act [Oct. 30, 1998], the Federal Trade Commission shall establish procedures to— log and acknowledge the receipt of complaints by individuals who certify that they have a reasonable belief that 1 or more of their means of identification (as defined in section 1028 of title 18, United States Code, as amended by this Act) have been assumed, stolen, or otherwise unlawfully acquired in violation of section 1028 of title 18, United States Code, as amended by this Act; provide informational materials to individuals described in paragraph (1); and refer complaints described in paragraph (1) to appropriate entities, which may include referral to— the 3 major national consumer reporting agencies; and appropriate law enforcement agencies for potential law enforcement action. Authorization of Appropriations.—There are authorized to be appropriated such sums as may be necessary to carry out this section.”

Fraud and Related Activity in Connection With Identification Documents

Pub. L. 98–473, title II, § 609L, Oct. 12, 1984, 98 Stat. 2103, provided that: For purposes of section 1028 of title 18, United States Code, to the maximum extent feasible, personal descriptors or identifiers utilized in identification documents, as defined in such section, shall utilize common descriptive terms and formats designed to— reduce the redundancy and duplication of identification systems by providing information which can be utilized by the maximum number of authorities, and facilitate positive identification of bona fide holders of identification documents. The President shall, no later than 3 years after the date of enactment of this Act [Oct. 12, 1984], and after consultation with Federal, State, local, and international issuing authorities, and concerned groups make recommnedations [recommendations] to the Congress for the enactment of comprehensive legislation on Federal identification systems. Such legislation shall— give due consideration to protecting the privacy of persons who are the subject of any identification system, recommend appropriate civil and criminal sanctions for the misuse or unauthorized disclosure of personal identification information, and make recommendations providing for the exchange of personal identification information as authorized by Federal or State law or Executive order of the President or the chief executive officer of any of the several States.”

§1028A. Aggravated identity theft

18 U.S.C. § 1028A

(a)
Offenses.—
(1)
In general.— Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.
(2)
Terrorism offense.— Whoever, during and in relation to any felony violation enumerated in section 2332b(g)(5)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.
(b)
Consecutive Sentence.— Notwithstanding any other provision of law—
(1)
a court shall not place on probation any person convicted of a violation of this section;
(2)
except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used;
(3)
in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and
(4)
a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28.
(c)
Definition.— For purposes of this section, the term “felony violation enumerated in subsection (c)” means any offense that is a felony violation of—
(1)
section 641 (relating to theft of public money, property, or rewards1), section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee), or section 664 (relating to theft from employee benefit plans);
(2)
section 911 (relating to false personation of citizenship);
(3)
section 922(a)(6) (relating to false statements in connection with the acquisition of a firearm);
(4)
any provision contained in this chapter (relating to fraud and false statements), other than this section or section 1028(a)(7);
(5)
any provision contained in chapter 63 (relating to mail, bank, and wire fraud);
(6)
any provision contained in chapter 69 (relating to nationality and citizenship);
(7)
any provision contained in chapter 75 (relating to passports and visas);
(8)
section 523 of the Gramm-Leach-Bliley Act (15 U.S.C. 6823) (relating to obtaining customer information by false pretenses);
(9)
section 243 or 266 of the Immigration and Nationality Act (8 U.S.C. 1253 and 1306) (relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card);
(10)
any provision contained in chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) (relating to various immigration offenses); or
(11)
section 208, 811, 1107(b), 1128B(a), or 1632 of the Social Security Act (42 U.S.C. 408, 1011, 1307(b), 1320a–7b(a), and 1383a) (relating to false statements relating to programs under the Act).

Footnotes

  1. 1 So in original. Probably should be “records”.
Notes, amendments, and revision history

(Added Pub. L. 108–275, § 2(a), July 15, 2004, 118 Stat. 831.)

Editorial Notes

References in Text

The Immigration and Nationality Act, referred to in subsec. (c)(10), is act June 27, 1952, ch. 477, 66 Stat. 163. Chapter 8 of title II of the Act is classified generally to part VIII (§ 1321 et seq.) of subchapter II of chapter 12 of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

The Social Security Act, referred to in subsec. (c)(11), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

§1029. Fraud and related activity in connection with access devices

18 U.S.C. § 1029

(a)
Whoever—
(1)
knowingly and with intent to defraud produces, uses, or traffics in one or more counterfeit access devices;
(2)
knowingly and with intent to defraud traffics in or uses one or more unauthorized access devices during any one-year period, and by such conduct obtains anything of value aggregating $1,000 or more during that period;
(3)
knowingly and with intent to defraud possesses fifteen or more devices which are counterfeit or unauthorized access devices;
(4)
knowingly, and with intent to defraud, produces, traffics in, has control or custody of, or possesses device-making equipment;
(5)
knowingly and with intent to defraud effects transactions, with 1 or more access devices issued to another person or persons, to receive payment or any other thing of value during any 1-year period the aggregate value of which is equal to or greater than $1,000;
(6)
without the authorization of the issuer of the access device, knowingly and with intent to defraud solicits a person for the purpose of—
(A)
offering an access device; or
(B)
selling information regarding or an application to obtain an access device;
(7)
knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a telecommunications instrument that has been modified or altered to obtain unauthorized use of telecommunications services;
(8)
knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a scanning receiver;
(9)
knowingly uses, produces, traffics in, has control or custody of, or possesses hardware or software, knowing it has been configured to insert or modify telecommunication identifying information associated with or contained in a telecommunications instrument so that such instrument may be used to obtain telecommunications service without authorization; or
(10)
without the authorization of the credit card system member or its agent, knowingly and with intent to defraud causes or arranges for another person to present to the member or its agent, for payment, 1 or more evidences or records of transactions made by an access device;

shall, if the offense affects interstate or foreign commerce, be punished as provided in subsection (c) of this section.

(b)
(1)
Whoever attempts to commit an offense under subsection (a) of this section shall be subject to the same penalties as those prescribed for the offense attempted.
(2)
Whoever is a party to a conspiracy of two or more persons to commit an offense under subsection (a) of this section, if any of the parties engages in any conduct in furtherance of such offense, shall be fined an amount not greater than the amount provided as the maximum fine for such offense under subsection (c) of this section or imprisoned not longer than one-half the period provided as the maximum imprisonment for such offense under subsection (c) of this section, or both.
(c)
Penalties.—
(1)
Generally.— The punishment for an offense under subsection (a) of this section is—
(A)
in the case of an offense that does not occur after a conviction for another offense under this section—
(i)
if the offense is under paragraph (1), (2), (3), (6), (7), or (10) of subsection (a), a fine under this title or imprisonment for not more than 10 years, or both; and
(ii)
if the offense is under paragraph (4), (5), (8), or (9) of subsection (a), a fine under this title or imprisonment for not more than 15 years, or both;
(B)
in the case of an offense that occurs after a conviction for another offense under this section, a fine under this title or imprisonment for not more than 20 years, or both; and
(C)
in either case, forfeiture to the United States of any personal property used or intended to be used to commit the offense.
(2)
Forfeiture procedure.— The forfeiture of property under this section, including any seizure and disposition of the property and any related administrative and judicial proceeding, shall be governed by section 413 of the Controlled Substances Act, except for subsection (d) of that section.
(d)
The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section. Such authority of the United States Secret Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.
(e)
As used in this section—
(1)
the term “access device” means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument);
(2)
the term “counterfeit access device” means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access device;
(3)
the term “unauthorized access device” means any access device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud;
(4)
the term “produce” includes design, alter, authenticate, duplicate, or assemble;
(5)
the term “traffic” means transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of;
(6)
the term “device-making equipment” means any equipment, mechanism, or impression designed or primarily used for making an access device or a counterfeit access device;
(7)
the term “credit card system member” means a financial institution or other entity that is a member of a credit card system, including an entity, whether affiliated with or identical to the credit card issuer, that is the sole member of a credit card system;
(8)
the term “scanning receiver” means a device or apparatus that can be used to intercept a wire or electronic communication in violation of chapter 119 or to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument;
(9)
the term “telecommunications service” has the meaning given such term in section 3 of title I of the Communications Act of 1934 (47 U.S.C. 153);
(10)
the term “facilities-based carrier” means an entity that owns communications transmission facilities, is responsible for the operation and maintenance of those facilities, and holds an operating license issued by the Federal Communications Commission under the authority of title III of the Communications Act of 1934; and
(11)
the term “telecommunication identifying information” means electronic serial number or any other number or signal that identifies a specific telecommunications instrument or account, or a specific communication transmitted from a telecommunications instrument.
(f)
This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title. For purposes of this subsection, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(g)
(1)
It is not a violation of subsection (a)(9) for an officer, employee, or agent of, or a person engaged in business with, a facilities-based carrier, to engage in conduct (other than trafficking) otherwise prohibited by that subsection for the purpose of protecting the property or legal rights of that carrier, unless such conduct is for the purpose of obtaining telecommunications service provided by another facilities-based carrier without the authorization of such carrier.
(2)
In a prosecution for a violation of subsection (a)(9), (other than a violation consisting of producing or trafficking) it is an affirmative defense (which the defendant must establish by a preponderance of the evidence) that the conduct charged was engaged in for research or development in connection with a lawful purpose.
(h)
Any person who, outside the jurisdiction of the United States, engages in any act that, if committed within the jurisdiction of the United States, would constitute an offense under subsection (a) or (b) of this section, shall be subject to the fines, penalties, imprisonment, and forfeiture provided in this title if the offense involves an access device issued, owned, managed, or controlled by a financial institution, account issuer, credit card system member, or other entity organized under the laws of the United States, or any State, the District of Columbia, or other territory of the United States.
Notes, amendments, and revision history

(Added Pub. L. 98–473, title II, § 1602(a), Oct. 12, 1984, 98 Stat. 2183; amended Pub. L. 99–646, § 44(b), Nov. 10, 1986, 100 Stat. 3601; Pub. L. 101–647, title XII, § 1205(f), Nov. 29, 1990, 104 Stat. 4831; Pub. L. 103–322, title XXV, § 250007, title XXXIII, § 330016(2)(I), Sept. 13, 1994, 108 Stat. 2087, 2148; Pub. L. 103–414, title II, § 206, Oct. 25, 1994, 108 Stat. 4291; Pub. L. 104–294, title VI, § 601(l), Oct. 11, 1996, 110 Stat. 3501; Pub. L. 105–172, § 2(a)–(d), Apr. 24, 1998, 112 Stat. 53, 54; Pub. L. 107–56, title III, § 377, Oct. 26, 2001, 115 Stat. 342; Pub. L. 107–273, div. B, title IV, § 4002(b)(11), Nov. 2, 2002, 116 Stat. 1808; Pub. L. 114–113, div. N, title IV, § 407, Dec. 18, 2015, 129 Stat. 2985.)

Editorial Notes

References in Text

Section 413 of the Controlled Substances Act, referred to in subsec. (c)(2), is classified to section 853 of Title 21, Food and Drugs.

The Communications Act of 1934, referred to in subsec. (e)(10), is act June 19, 1934, ch. 652, 48 Stat. 1964. Title III of the Act is classified generally to subchapter III (§ 301 et seq.) of chapter 5 of Title 47, Telecommunications. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables.

Amendments

2015—Subsec. (h). Pub. L. 114–113 substituted “title if the offense involves an access device issued, owned, managed, or controlled by a financial institution, account issuer, credit card system member, or other entity organized under the laws of the United States, or any State, the District of Columbia, or other territory of the United States.” for “title if—

“(1) the offense involves an access device issued, owned, managed, or controlled by a financial institution, account issuer, credit card system member, or other entity within the jurisdiction of the United States; and

“(2) the person transports, delivers, conveys, transfers to or through, or otherwise stores, secrets, or holds within the jurisdiction of the United States, any article used to assist in the commission of the offense or the proceeds of such offense or property derived therefrom.”

2002—Subsec. (c)(1)(A)(ii). Pub. L. 107–273, § 4002(b)(11)(A), substituted “(9)” for “(9),”.

Subsec. (e)(8). Pub. L. 107–273, § 4002(b)(11)(B), inserted semicolon at end.

2001—Subsec. (h). Pub. L. 107–56 added subsec. (h).

1998—Subsec. (a)(8) to (10). Pub. L. 105–172, § 2(a), added pars. (8) and (9), redesignated former par. (9) as (10), and struck out former par. (8) which read as follows: “knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses—

“(A) a scanning receiver; or

“(B) hardware or software used for altering or modifying telecommunications instruments to obtain unauthorized access to telecommunications services, or”.

Subsec. (b)(1). Pub. L. 105–172, § 2(b)(2), substituted “subject to the same penalties as those prescribed for the offense attempted” for “punished as provided in subsection (c) of this section”.

Subsec. (c). Pub. L. 105–172, § 2(b)(1), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The punishment for an offense under subsection (a) or (b)(1) of this section is—

“(1) a fine under this title or twice the value obtained by the offense, whichever is greater, or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(2), (3), (5), (6), (7), (8), or (9) of this section which does not occur after a conviction for another offense under either such subsection, or an attempt to commit an offense punishable under this paragraph;

“(2) a fine under this title or twice the value obtained by the offense, whichever is greater, or imprisonment for not more than fifteen years, or both, in the case of an offense under subsection (a)(1), (4), (5), (6), (7), or (8) of this section which does not occur after a conviction for another offense under either such subsection, or an attempt to commit an offense punishable under this paragraph; and

“(3) a fine under this title or twice the value obtained by the offense, whichever is greater, or imprisonment for not more than twenty years, or both, in the case of an offense under subsection (a) of this section which occurs after a conviction for another offense under such subsection, or an attempt to commit an offense punishable under this paragraph.”

Subsec. (e)(8). Pub. L. 105–172, § 2(c), inserted “or to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument” before the period at end.

Subsec. (e)(9) to (11). Pub. L. 105–172, § 2(d)(2), added pars. (9) to (11).

Subsec. (g). Pub. L. 105–172, § 2(d)(1), added subsec. (g).

1996—Subsec. (a)(5). Pub. L. 104–294, § 601(l)(1)(A), redesignated par. (5), relating to instruments that have been modified or altered to obtain unauthorized access to telecommunications services, as (7).

Subsec. (a)(6). Pub. L. 104–294, § 601(l)(1)(C), in par. (6) relating to solicitations, struck out “or” at end.

Pub. L. 104–294, § 601(l)(1)(A), redesignated par. (6), relating to scanning receivers or other hardware or software used to obtain unauthorized access to telecommunications services, as (8).

Subsec. (a)(7). Pub. L. 104–294, § 601(l)(1)(A), (C), redesignated par. (5), relating to instruments that have been modified or altered to obtain unauthorized access to telecommunications services, as (7), and struck out “or” at end. Par. transferred to appear in numerical order to reflect probable intent of Congress. Former par. (7) redesignated (9).

Pub. L. 104–294, § 601(l)(1)(B), redesignated par. (7) as (9).

Subsec. (a)(8). Pub. L. 104–294, § 601(l)(1)(A), (D), redesignated par. (6), relating to scanning receivers or other hardware or software used to obtain unauthorized access to telecommunications services, as (8) and inserted “or” at end. Par. transferred to appear in numerical order to reflect probable intent of Congress.

Subsec. (a)(9). Pub. L. 104–294, § 601(l)(1)(B), redesignated par. (7) as (9).

Subsec. (c)(1). Pub. L. 104–294, § 601(l)(3)(A), substituted “(7), (8), or (9)” for “or (7)”.

Subsec. (c)(2). Pub. L. 104–294, § 601(l)(3)(B), substituted “(6), (7), or (8)” for “or (6)”.

Subsec. (e)(7), (8). Pub. L. 104–294, § 601(l)(2), redesignated par. (7), defining “scanning receiver”, as (8).

1994—Subsec. (a)(3). Pub. L. 103–322, § 250007(1)(A), and Pub. L. 103–414, § 206(a)(1), amended par. (3) identically, striking “or” at end.

Subsec. (a)(5). Pub. L. 103–414, § 206(a)(2), added par. (5) relating to instruments that have been modified or altered to obtain unauthorized use of telecommunications services.

Pub. L. 103–322, § 250007(1)(B), added par. (5) relating to transactions involving use of access devices issued to persons other than user.

Subsec. (a)(6). Pub. L. 103–414, § 206(a)(2), added par. (6) relating to scanning receivers or other hardware or software used to obtain unauthorized access to telecommunications services.

Pub. L. 103–322, § 250007(1)(B), added par. (6) relating to solicitations which offer access devices or information regarding access devices.

Subsec. (a)(7). Pub. L. 103–322, § 250007(1)(B), added par. (7).

Subsec. (c)(1). Pub. L. 103–322, § 330016(2)(I), substituted “fine under this title or twice the value obtained by the offense, whichever is greater, or imprisonment” for “fine of not more than the greater of $10,000 or twice the value obtained by the offense or imprisonment”.

Pub. L. 103–322, § 250007(2), substituted “(a)(2), (3), (5), (6), or (7)” for “(a)(2) or (a)(3)”.

Subsec. (c)(2). Pub. L. 103–414, § 206(b), substituted “(a)(1), (4), (5), or (6)” for “(a)(1) or (a)(4)”.

Pub. L. 103–322, § 330016(2)(I), substituted “fine under this title or twice the value obtained by the offense, whichever is greater, or imprisonment” for “fine of not more than the greater of $50,000 or twice the value obtained by the offense or imprisonment”.

Subsec. (c)(3). Pub. L. 103–322, § 330016(2)(I), substituted “fine under this title or twice the value obtained by the offense, whichever is greater, or imprisonment” for “fine of not more than the greater of $100,000 or twice the value obtained by the offense or imprisonment”.

Subsec. (e)(1). Pub. L. 103–414, § 206(c)(1), inserted “electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier,” after “account number,”.

Subsec. (e)(5), (6). Pub. L. 103–322, § 250007(3)(A), (B), and Pub. L. 103–414, § 206(c)(2), (3), amended subsec. (e) identically, striking “and” at end of par. (5) and substituting “; and” for period at end of par. (6).

Subsec. (e)(7). Pub. L. 103–414, § 206(c)(4), added par. (7) defining “scanning receiver”.

Pub. L. 103–322, § 250007(3)(C), added par. (7) defining “credit card system member”.

1990—Subsec. (f). Pub. L. 101–647 inserted at end “For purposes of this subsection, the term ‘State’ includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.”

1986—Subsec. (f). Pub. L. 99–646 which directed that subsec. (f) be amended by substituting “chapter 224 of this title” for “title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481)” was executed by making the substitution for “title V of the Organized Crime Control Act of 1970) 18 U.S.C. note prec. 3481)” to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Report to Congress

Pub. L. 98–473, title II, § 1603, Oct. 12, 1984, 98 Stat. 2184, directed Attorney General to report to Congress annually, during first three years following Oct. 12, 1984, concerning prosecutions under this section.

§1030. Fraud and related activity in connection with computers

18 U.S.C. § 1030

(a)
Whoever—
(1)
having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the Atomic Energy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United States, or to the advantage of any foreign nation willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it;
(2)
intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains—
(A)
information contained in a financial record of a financial institution, or of a card issuer as defined in section 1602(n)1 of title 15, or contained in a file of a consumer reporting agency on a consumer, as such terms are defined in the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);
(B)
information from any department or agency of the United States; or
(C)
information from any protected computer;
(3)
intentionally, without authorization to access any nonpublic computer of a department or agency of the United States, accesses such a computer of that department or agency that is exclusively for the use of the Government of the United States or, in the case of a computer not exclusively for such use, is used by or for the Government of the United States and such conduct affects that use by or for the Government of the United States;
(4)
knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $5,000 in any 1-year period;
(5)
(A)
knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;
(B)
intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or
(C)
intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage and loss.2
(6)
knowingly and with intent to defraud traffics (as defined in section 1029) in any password or similar information through which a computer may be accessed without authorization, if—
(A)
such trafficking affects interstate or foreign commerce; or
(B)
such computer is used by or for the Government of the United States;3
(7)
with intent to extort from any person any money or other thing of value, transmits in interstate or foreign commerce any communication containing any—
(A)
threat to cause damage to a protected computer;
(B)
threat to obtain information from a protected computer without authorization or in excess of authorization or to impair the confidentiality of information obtained from a protected computer without authorization or by exceeding authorized access; or
(C)
demand or request for money or other thing of value in relation to damage to a protected computer, where such damage was caused to facilitate the extortion;

shall be punished as provided in subsection (c) of this section.

(b)
Whoever conspires to commit or attempts to commit an offense under subsection (a) of this section shall be punished as provided in subsection (c) of this section.
(c)
The punishment for an offense under subsection (a) or (b) of this section is—
(1)
(A)
a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(1) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; and
(B)
a fine under this title or imprisonment for not more than twenty years, or both, in the case of an offense under subsection (a)(1) of this section which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph;
(2)
(A)
except as provided in subparagraph (B), a fine under this title or imprisonment for not more than one year, or both, in the case of an offense under subsection (a)(2), (a)(3), or (a)(6) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph;
(B)
a fine under this title or imprisonment for not more than 5 years, or both, in the case of an offense under subsection (a)(2), or an attempt to commit an offense punishable under this subparagraph, if—
(i)
the offense was committed for purposes of commercial advantage or private financial gain;
(ii)
the offense was committed in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or of any State; or
(iii)
the value of the information obtained exceeds $5,000; and
(C)
a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(2), (a)(3) or (a)(6) of this section which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph;
(3)
(A)
a fine under this title or imprisonment for not more than five years, or both, in the case of an offense under subsection (a)(4) or (a)(7) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; and
(B)
a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(4),4 or (a)(7) of this section which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph;
(4)
(A)
except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 5 years, or both, in the case of—
(i)
an offense under subsection (a)(5)(B), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused)—
(I)
loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value;
(II)
the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals;
(III)
physical injury to any person;
(IV)
a threat to public health or safety;
(V)
damage affecting a computer used by or for an entity of the United States Government in furtherance of the administration of justice, national defense, or national security; or
(VI)
damage affecting 10 or more protected computers during any 1-year period; or
(ii)
an attempt to commit an offense punishable under this subparagraph;
(B)
except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 10 years, or both, in the case of—
(i)
an offense under subsection (a)(5)(A), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused) a harm provided in subclauses (I) through (VI) of subparagraph (A)(i); or
(ii)
an attempt to commit an offense punishable under this subparagraph;
(C)
except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 20 years, or both, in the case of—
(i)
an offense or an attempt to commit an offense under subparagraphs (A) or (B) of subsection (a)(5) that occurs after a conviction for another offense under this section; or
(ii)
an attempt to commit an offense punishable under this subparagraph;
(D)
a fine under this title, imprisonment for not more than 10 years, or both, in the case of—
(i)
an offense or an attempt to commit an offense under subsection (a)(5)(C) that occurs after a conviction for another offense under this section; or
(ii)
an attempt to commit an offense punishable under this subparagraph;
(E)
if the offender attempts to cause or knowingly or recklessly causes serious bodily injury from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for not more than 20 years, or both;
(F)
if the offender attempts to cause or knowingly or recklessly causes death from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for any term of years or for life, or both; or
(G)
a fine under this title, imprisonment for not more than 1 year, or both, for—
(i)
any other offense under subsection (a)(5); or
(ii)
an attempt to commit an offense punishable under this subparagraph.
(d)
(1)
The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section.
(2)
The Federal Bureau of Investigation shall have primary authority to investigate offenses under subsection (a)(1) for any cases involving espionage, foreign counterintelligence, information protected against unauthorized disclosure for reasons of national defense or foreign relations, or Restricted Data (as that term is defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)), except for offenses affecting the duties of the United States Secret Service pursuant to section 3056(a) of this title.
(3)
Such authority shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.
(e)
As used in this section—
(1)
the term “computer” means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device;
(2)
the term “protected computer” means a computer
(A)
exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government;
(B)
which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States; or
(C)
that—
(i)
is part of a voting system; and
(ii)
(I)
is used for the management, support, or administration of a Federal election; or
(II)
has moved in or otherwise affects interstate or foreign commerce;
(3)
the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession or territory of the United States;
(4)
the term “financial institution” means—
(A)
an institution, with deposits insured by the Federal Deposit Insurance Corporation;
(B)
the Federal Reserve or a member of the Federal Reserve including any Federal Reserve Bank;
(C)
a credit union with accounts insured by the National Credit Union Administration;
(D)
a member of the Federal home loan bank system and any home loan bank;
(E)
any institution of the Farm Credit System under the Farm Credit Act of 1971;
(F)
a broker-dealer registered with the Securities and Exchange Commission pursuant to section 15 of the Securities Exchange Act of 1934;
(G)
the Securities Investor Protection Corporation;
(H)
a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978); and
(I)
an organization operating under section 25 or section 25(a)1 of the Federal Reserve Act;
(5)
the term “financial record” means information derived from any record held by a financial institution pertaining to a customer’s relationship with the financial institution;
(6)
the term “exceeds authorized access” means to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter;
(7)
the term “department of the United States” means the legislative or judicial branch of the Government or one of the executive departments enumerated in section 101 of title 5;
(8)
the term “damage” means any impairment to the integrity or availability of data, a program, a system, or information;
(9)
the term “government entity” includes the Government of the United States, any State or political subdivision of the United States, any foreign country, and any state, province, municipality, or other political subdivision of a foreign country;
(10)
the term “conviction” shall include a conviction under the law of any State for a crime punishable by imprisonment for more than 1 year, an element of which is unauthorized access, or exceeding authorized access, to a computer;
(11)
the term “loss” means any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service;
(12)
the term “person” means any individual, firm, corporation, educational institution, financial institution, governmental entity, or legal or other entity;
(13)
the term “Federal election” means any election (as defined in section 301(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(1))) for Federal office (as defined in section 301(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(3))); and
(14)
the term “voting system” has the meaning given the term in section 301(b) of the Help America Vote Act of 2002 (52 U.S.C. 21081(b)).
(f)
This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States.
(g)
Any person who suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief. A civil action for a violation of this section may be brought only if the conduct involves 1 of the factors set forth in subclauses5 (I), (II), (III), (IV), or (V) of subsection (c)(4)(A)(i). Damages for a violation involving only conduct described in subsection (c)(4)(A)(i)(I) are limited to economic damages. No action may be brought under this subsection unless such action is begun within 2 years of the date of the act complained of or the date of the discovery of the damage. No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware.
(h)
The Attorney General and the Secretary of the Treasury shall report to the Congress annually, during the first 3 years following the date of the enactment of this subsection, concerning investigations and prosecutions under subsection (a)(5).
(i)
(1)
The court, in imposing sentence on any person convicted of a violation of this section, or convicted of conspiracy to violate this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States
(A)
such person’s interest in any personal property that was used or intended to be used to commit or to facilitate the commission of such violation; and
(B)
any property, real or personal, constituting or derived from, any proceeds that such person obtained, directly or indirectly, as a result of such violation.
(2)
The criminal forfeiture of property under this subsection, any seizure and disposition thereof, and any judicial proceeding in relation thereto, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except subsection (d) of that section.
(j)
For purposes of subsection (i), the following shall be subject to forfeiture to the United States and no property right shall exist in them:
(1)
Any personal property used or intended to be used to commit or to facilitate the commission of any violation of this section, or a conspiracy to violate this section.
(2)
Any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this section, or a conspiracy to violate this section6

Footnotes

  1. 1 See References in Text note below.
  2. 2 So in original. The period probably should be a semicolon.
  3. 3 So in original. Probably should be followed by “or”.
  4. 4 So in original. The comma probably should not appear.
  5. 5 So in original. Probably should be “subclause”.
  6. 6 So in original. Probably should be followed by a period.
Notes, amendments, and revision history

(Added Pub. L. 98–473, title II, § 2102(a), Oct. 12, 1984, 98 Stat. 2190; amended Pub. L. 99–474, § 2, Oct. 16, 1986, 100 Stat. 1213; Pub. L. 100–690, title VII, § 7065, Nov. 18, 1988, 102 Stat. 4404; Pub. L. 101–73, title IX, § 962(a)(5), Aug. 9, 1989, 103 Stat. 502; Pub. L. 101–647, title XII, § 1205(e), title XXV, § 2597(j), title XXXV, § 3533, Nov. 29, 1990, 104 Stat. 4831, 4910, 4925; Pub. L. 103–322, title XXIX, § 290001(b)–(f), Sept. 13, 1994, 108 Stat. 2097–2099; Pub. L. 104–294, title II, § 201, title VI, § 604(b)(36), Oct. 11, 1996, 110 Stat. 3491, 3508; Pub. L. 107–56, title V, § 506(a), title VIII, § 814(a)–(e), Oct. 26, 2001, 115 Stat. 366, 382–384; Pub. L. 107–273, div. B, title IV, §§ 4002(b)(1), (12), 4005(a)(3), (d)(3), Nov. 2, 2002, 116 Stat. 1807, 1808, 1812, 1813; Pub. L. 107–296, title XXII, § 2207(g), formerly title II, § 225(g), Nov. 25, 2002, 116 Stat. 2158, renumbered § 2207(g), Pub. L. 115–278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178; Pub. L. 110–326, title II, §§ 203, 204(a), 205–208, Sept. 26, 2008, 122 Stat. 3561, 3563; Pub. L. 116–179, § 2, Oct. 20, 2020, 134 Stat. 855.)

Editorial Notes

References in Text

Section 11 of the Atomic Energy Act of 1954, referred to in subsec. (a)(1), is classified to section 2014 of Title 42, The Public Health and Welfare.

Section 1602(n) of title 15, referred to in subsec. (a)(2)(A), was redesignated section 1602(o) of title 15 by Pub. L. 111–203, title X, § 1100A(1)(A), July 21, 2010, 124 Stat. 2107.

The Fair Credit Reporting Act, referred to in subsec. (a)(2)(A), is title VI of Pub. L. 90–321, as added by Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1127, which is classified generally to subchapter III (§ 1681 et seq.) of chapter 41 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 15 and Tables.

The Farm Credit Act of 1971, referred to in subsec. (e)(4)(E), is Pub. L. 92–181, Dec. 10, 1971, 85 Stat. 583, which is classified generally to chapter 23 (§ 2001 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of Title 12 and Tables.

Section 15 of the Securities Exchange Act of 1934, referred to in subsec. (e)(4)(F), is classified to section 78o of Title 15, Commerce and Trade.

Section 1(b) of the International Banking Act of 1978, referred to in subsec. (e)(4)(H), is classified to section 3101 of Title 12, Banks and Banking.

Section 25 of the Federal Reserve Act, referred to in subsec. (e)(4)(I), is classified to subchapter I (§ 601 et seq.) of chapter 6 of Title 12. Section 25(a) of the Federal Reserve Act, which is classified to subchapter II (§ 611 et seq.) of chapter 6 of Title 12, was renumbered section 25A of that act by Pub. L. 102–242, title I, § 142(e)(2), Dec. 19, 1991, 105 Stat. 2281.

The date of the enactment of this subsection, referred to in subsec. (h), is the date of enactment of Pub. L. 103–322, which was approved Sept. 13, 1994.

Amendments

2020—Subsec. (e)(2)(C). Pub. L. 116–179, § 2(1), added subpar. (C).

Subsec. (e)(13), (14). Pub. L. 116–179, § 2(2)–(4), added pars. (13) and (14).

2008—Subsec. (a)(2)(C). Pub. L. 110–326, § 203, struck out “if the conduct involved an interstate or foreign communication” after “computer”.

Subsec. (a)(5). Pub. L. 110–326, § 204(a)(1), redesignated cls. (i) to (iii) of subpar. (A) as subpars. (A) to (C), respectively, substituted “damage and loss.” for “damage; and” in subpar. (C), and struck out former subpar. (B) which read as follows:

“(B) by conduct described in clause (i), (ii), or (iii) of subparagraph (A), caused (or, in the case of an attempted offense, would, if completed, have caused)—

“(i) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value;

“(ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals;

“(iii) physical injury to any person;

“(iv) a threat to public health or safety; or

“(v) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security;”.

Subsec. (a)(7). Pub. L. 110–326, § 205, amended par. (7) generally. Prior to amendment, par. (7) read as follows: “with intent to extort from any person any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to cause damage to a protected computer;”.

Subsec. (b). Pub. L. 110–326, § 206, inserted “conspires to commit or” after “Whoever”.

Subsec. (c)(2)(A). Pub. L. 110–326, § 204(a)(2)(A), struck out “(a)(5)(A)(iii),” after “(a)(3),”.

Subsec. (c)(3)(B). Pub. L. 110–326, § 204(a)(2)(B), struck out “(a)(5)(A)(iii),” after “(a)(4),”.

Subsec. (c)(4). Pub. L. 110–326, § 204(a)(2)(C), amended par. (4) generally. Prior to amendment, par. (4) related to fines and imprisonment for intentionally or recklessly causing damage to a protected computer without authorization.

Subsec. (c)(5). Pub. L. 110–326, § 204(a)(2)(D), struck out par. (5) which related to fine or imprisonment for knowingly or recklessly causing or attempting to cause serious bodily injury or death from certain conduct damaging a protected computer.

Subsec. (e)(2)(B). Pub. L. 110–326, § 207, inserted “or affecting” after “which is used in”.

Subsec. (g). Pub. L. 110–326, § 204(a)(3)(B), in the third sentence, substituted “subsection (c)(4)(A)(i)(I)” for “subsection (a)(5)(B)(i)”.

Pub. L. 110–326, § 204(a)(3)(A), which directed substitution of “in subclauses (I), (II), (III), (IV), or (V) of subsection (c)(4)(A)(i)” for “in clauses (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B)” in the second sentence, was executed by making the substitution for “in clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B)” to reflect the probable intent of Congress.

Subsecs. (i), (j). Pub. L. 110–326, § 208, added subsecs. (i) and (j).

2002—Subsec. (a)(5)(B). Pub. L. 107–273, § 4005(a)(3), realigned margins.

Subsec. (c)(2)(B). Pub. L. 107–273, § 4002(b)(1), realigned margins.

Subsec. (c)(2)(B)(iii). Pub. L. 107–273, § 4002(b)(12)(A), inserted “and” at end.

Subsec. (c)(3)(B). Pub. L. 107–273, § 4005(d)(3), inserted comma after “(a)(4)”.

Subsec. (c)(4)(A), (C). Pub. L. 107–296, § 2207(g)(2), formerly § 225(g)(2), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), inserted “except as provided in paragraph (5),” before “a fine under this title”.

Subsec. (c)(5). Pub. L. 107–296, § 2207(g)(1), (3), (4), formerly § 225(g)(1), (3), (4), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), added par. (5).

Subsec. (e)(4)(I). Pub. L. 107–273, § 4002(b)(12)(B), substituted semicolon for period at end.

2001—Subsec. (a)(5)(A). Pub. L. 107–56, § 814(a)(1)–(3), designated existing provisions as cl. (i), redesignated subpars. (B) and (C) as cls. (ii) and (iii), respectively, of subpar. (A), and inserted “and” at end of cl. (iii).

Subsec. (a)(5)(B). Pub. L. 107–56, § 814(a)(4), added subpar. (B). Former subpar. (B) redesignated cl. (ii) of subpar. (A).

Subsec. (a)(5)(C). Pub. L. 107–56, § 814(a)(2), redesignated subpar. (C) as cl. (iii) of subpar. (A).

Subsec. (a)(7). Pub. L. 107–56, § 814(b), struck out “, firm, association, educational institution, financial institution, government entity, or other legal entity,” before “any money or other thing of value”.

Subsec. (c)(2)(A). Pub. L. 107–56, § 814(c)(1)(A), inserted “except as provided in subparagraph (B),” before “a fine”, substituted “(a)(5)(A)(iii)” for “(a)(5)(C)”, and struck out “and” at end.

Subsec. (c)(2)(B). Pub. L. 107–56, § 814(c)(1)(B), inserted “or an attempt to commit an offense punishable under this subparagraph,” after “subsection (a)(2),” in introductory provisions.

Subsec. (c)(2)(C). Pub. L. 107–56, § 814(c)(1)(C), struck out “and” at end.

Subsec. (c)(3). Pub. L. 107–56, § 814(c)(2), struck out “, (a)(5)(A), (a)(5)(B),” after “subsection (a)(4)” in subpars. (A) and (B) and substituted “(a)(5)(A)(iii)” for “(a)(5)(C)” in subpar. (B).

Subsec. (c)(4). Pub. L. 107–56, § 814(c)(3), added par. (4).

Subsec. (d). Pub. L. 107–56, § 506(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under subsections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of this section. Such authority of the United States Secret Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.”

Subsec. (e)(2)(B). Pub. L. 107–56, § 814(d)(1), inserted “, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States” before semicolon.

Subsec. (e)(7). Pub. L. 107–56, § 814(d)(2), struck out “and” at end.

Subsec. (e)(8). Pub. L. 107–56, § 814(d)(3), added par. (8) and struck out former par. (8) which read as follows: “the term ‘damage’ means any impairment to the integrity or availability of data, a program, a system, or information, that—

“(A) causes loss aggregating at least $5,000 in value during any 1-year period to one or more individuals;

“(B) modifies or impairs, or potentially modifies or impairs, the medical examination, diagnosis, treatment, or care of one or more individuals;

“(C) causes physical injury to any person; or

“(D) threatens public health or safety; and”.

Subsec. (e)(10) to (12). Pub. L. 107–56, § 814(d)(4), (5), added pars. (10) to (12).

Subsec. (g). Pub. L. 107–56, § 814(e), substituted “A civil action for a violation of this section may be brought only if the conduct involves 1 of the factors set forth in clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B). Damages for a violation involving only conduct described in subsection (a)(5)(B)(i) are limited to economic damages.” for “Damages for violations involving damage as defined in subsection (e)(8)(A) are limited to economic damages.” and inserted at end “No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware.”

1996—Subsec. (a)(1). Pub. L. 104–294, § 201(1)(A), substituted “having knowingly accessed” for “knowingly accesses”, “exceeding authorized access” for “exceeds authorized access”, “such conduct having obtained information” for “such conduct obtains information”, and “could be used to the injury of the United States” for “is to be used to the injury of the United States”, struck out “the intent or” before “reason to believe”, and inserted before semicolon at end “willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it”.

Subsec. (a)(2). Pub. L. 104–294, § 201(1)(B), inserted dash after “thereby obtains”, redesignated remainder of par. (2) as subpar. (A), and added subpars. (B) and (C).

Subsec. (a)(3). Pub. L. 104–294, § 201(1)(C), inserted “nonpublic” before “computer of a department or agency”, struck out “adversely” after “and such conduct”, and substituted “that use by or for the Government of the United States” for “the use of the Government’s operation of such computer”.

Subsec. (a)(4). Pub. L. 104–294, § 201(1)(D), substituted “protected computer” for “Federal interest computer” and inserted “and the value of such use is not more than $5,000 in any 1-year period” before semicolon at end.

Subsec. (a)(5). Pub. L. 104–294, § 201(1)(E), inserted par. (5) and struck out former par. (5) which related to fraud in connection with computers in causing transmission of program, information, code, or command to a computer or computer system in interstate or foreign commerce which damages such system, program, information, or code, or causes a withholding or denial of use of hardware or software, or transmits viruses which causes damage in excess of $1,000 or more during any one-year period, or modifies or impairs medical examination, diagnosis, treatment or care of individuals.

Subsec. (a)(5)(B)(ii)(II)(bb). Pub. L. 104–294, § 604(b)(36)(A), which directed insertion of “or” at end of subsec., could not be executed because no subsec. (a)(5)(B)(ii)(II)(bb) existed subsequent to amendment by Pub. L. 104–294, § 201(1)(E). See above.

Subsec. (a)(7). Pub. L. 104–294, § 201(1)(F), added par. (7).

Subsec. (c)(1). Pub. L. 104–294, § 201(2)(A), substituted “under this section” for “under such subsection” in subpars. (A) and (B).

Subsec. (c)(1)(B). Pub. L. 104–294, § 604(b)(36)(B), struck out “and” after semicolon at end.

Subsec. (c)(2)(A). Pub. L. 104–294, § 201(2)(B)(i), inserted “, (a)(5)(C),” after “(a)(3)” and substituted “under this section” for “under such subsection”.

Subsec. (c)(2)(B). Pub. L. 104–294, § 201(2)(B)(iii), added subpar. (B). Former subpar. (B) redesignated (C).

Subsec. (c)(2)(C). Pub. L. 104–294, § 201(2)(B)(iv), substituted “under this section” for “under such subsection” and inserted “and” at end.

Pub. L. 104–294, § 201(2)(B)(ii), redesignated subpar. (B) as (C).

Subsec. (c)(3)(A). Pub. L. 104–294, § 201(2)(C)(i), substituted “(a)(4), (a)(5)(A), (a)(5)(B), or (a)(7)” for “(a)(4) or (a)(5)(A)” and “under this section” for “under such subsection”.

Subsec. (c)(3)(B). Pub. L. 104–294, § 201(2)(C)(ii), substituted “(a)(4), (a)(5)(A), (a)(5)(B), (a)(5)(C), or (a)(7)” for “(a)(4) or (a)(5)” and “under this section” for “under such subsection”.

Subsec. (c)(4). Pub. L. 104–294, § 201(2)(D), struck out par. (4) which read as follows: “a fine under this title or imprisonment for not more than 1 year, or both, in the case of an offense under subsection (a)(5)(B).”

Subsec. (d). Pub. L. 104–294, § 201(3), inserted “subsections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of” before “this section” in first sentence.

Subsec. (e)(2). Pub. L. 104–294, § 201(4)(A)(i), substituted “protected” for “Federal interest” in introductory provisions.

Subsec. (e)(2)(A). Pub. L. 104–294, § 201(4)(A)(ii), substituted “that use by or for the financial institution or the Government” for “the use of the financial institution’s operation or the Government’s operation of such computer”.

Subsec. (e)(2)(B). Pub. L. 104–294, § 201(4)(A)(iii), added subpar. (B) and struck out former subpar. (B) which read as follows: “which is one of two or more computers used in committing the offense, not all of which are located in the same State;”.

Subsec. (e)(8), (9). Pub. L. 104–294, § 201(4)(B)–(D), added pars. (8) and (9).

Subsec. (g). Pub. L. 104–294, § 604(b)(36)(C), substituted “violation of this section” for “violation of the section”.

Pub. L. 104–294, § 201(5), struck out “, other than a violation of subsection (a)(5)(B),” before “may maintain a civil action” and substituted “involving damage as defined in subsection (e)(8)(A)” for “of any subsection other than subsection (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb)”.

Subsec. (h). Pub. L. 104–294, § 604(b)(36)(D), substituted “subsection (a)(5)” for “section 1030(a)(5) of title 18, United States Code” before period at end.

1994—Subsec. (a)(3). Pub. L. 103–322, § 290001(f), inserted “adversely” before “affects the use of the Government’s”.

Subsec. (a)(5). Pub. L. 103–322, § 290001(b), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “intentionally accesses a Federal interest computer without authorization, and by means of one or more instances of such conduct alters, damages, or destroys information in any such Federal interest computer, or prevents authorized use of any such computer or information, and thereby—

“(A) causes loss to one or more others of a value aggregating $1,000 or more during any one year period; or

“(B) modifies or impairs, or potentially modifies or impairs, the medical examination, medical diagnosis, medical treatment, or medical care of one or more individuals; or”.

Subsec. (c)(3)(A). Pub. L. 103–322, § 290001(c)(2), inserted “(A)” after “(a)(5)”.

Subsec. (c)(4). Pub. L. 103–322, § 290001(c)(1), (3), (4), added par. (4).

Subsec. (g). Pub. L. 103–322, § 290001(d), added subsec. (g).

Subsec. (h). Pub. L. 103–322, § 290001(e), added subsec. (h).

1990—Subsec. (a)(1). Pub. L. 101–647, § 3533, substituted “paragraph y” for “paragraph r”.

Subsec. (e)(3). Pub. L. 101–647, § 1205(e), inserted “commonwealth,” before “possession or territory of the United States”.

Subsec. (e)(4)(G). Pub. L. 101–647, § 2597(j)(2), which directed substitution of a semicolon for a period at end of subpar. (G), could not be executed because it ended with a semicolon.

Subsec. (e)(4)(H), (I). Pub. L. 101–647, § 2597(j), added subpars. (H) and (I).

1989—Subsec. (e)(4)(A). Pub. L. 101–73, § 962(a)(5)(A), substituted “an institution,” for “a bank”.

Subsec. (e)(4)(C) to (H). Pub. L. 101–73, § 962(a)(5)(B), (C), redesignated subpars. (D) to (H) as (C) to (G), respectively, and struck out former subpar. (C) which read as follows: “an institution with accounts insured by the Federal Savings and Loan Insurance Corporation;”.

1988—Subsec. (a)(2). Pub. L. 100–690 inserted a comma after “financial institution” and struck out the comma that followed a comma after “title 15”.

1986—Subsec. (a). Pub. L. 99–474, § 2(b)(2), struck out last sentence which read as follows: “It is not an offense under paragraph (2) or (3) of this subsection in the case of a person having accessed a computer with authorization and using the opportunity such access provides for purposes to which such access does not extend, if the using of such opportunity consists only of the use of the computer.”

Subsec. (a)(1). Pub. L. 99–474, § 2(c), substituted “or exceeds authorized access” for “, or having accessed a computer with authorization, uses the opportunity such access provides for purposes to which such authorization does not extend”.

Subsec. (a)(2). Pub. L. 99–474, § 2(a), (c), substituted “intentionally” for “knowingly”, substituted “or exceeds authorized access” for “, or having accessed a computer with authorization, uses the opportunity such access provides for purposes to which such authorization does not extend”, struck out “as such terms are defined in the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.),” after “financial institution,”, inserted “or of a card issuer as defined in section 1602(n) of title 15,” and struck out “or” appearing at end.

Subsec. (a)(3). Pub. L. 99–474, § 2(b)(1), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “knowingly accesses a computer without authorization, or having accessed a computer with authorization, uses the opportunity such access provides for purposes to which such authorization does not extend, and by means of such conduct knowingly uses, modifies, destroys, or discloses information in, or prevents authorized use of, such computer, if such computer is operated for or on behalf of the Government of the United States and such conduct affects such operation;”.

Subsec. (a)(4) to (6). Pub. L. 99–474, § 2(d), added pars. (4) to (6).

Subsec. (b). Pub. L. 99–474, § 2(e), struck out par. (1) designation and par. (2) which provided a penalty for persons conspiring to commit an offense under subsec. (a).

Subsec. (c). Pub. L. 99–474, § 2(f)(9), substituted “(b)” for “(b)(1)” in introductory text.

Subsec. (c)(1)(A). Pub. L. 99–474, § 2(f)(1), substituted “under this title” for “of not more than the greater of $10,000 or twice the value obtained by the offense”.

Subsec. (c)(1)(B). Pub. L. 99–474, § 2(f)(2), substituted “under this title” for “of not more than the greater of $100,000 or twice the value obtained by the offense”.

Subsec. (c)(2)(A). Pub. L. 99–474, § 2(f)(3), (4), substituted “under this title” for “of not more than the greater of $5,000 or twice the value obtained or loss created by the offense” and inserted reference to subsec. (a)(6).

Subsec. (c)(2)(B). Pub. L. 99–474, § 2(f)(3), (5)–(7), substituted “under this title” for “of not more than the greater of $10,000 or twice the value obtained or loss created by the offense”, “not more than” for “not than”, inserted reference to subsec. (a)(6), and substituted “; and” for the period at end of subpar. (B).

Subsec. (c)(3). Pub. L. 99–474, § 2(f)(8), added par. (3).

Subsec. (e). Pub. L. 99–474, § 2(g), substituted a dash for the comma after “As used in this section”, realigned remaining portion of subsection, inserted “(1)” before “the term”, substituted a semicolon for the period at the end, and added pars. (2) to (7).

Subsec. (f). Pub. L. 99–474, § 2(h), added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Transfer of Functions

For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Reports to Congress

Pub. L. 98–473, title II, § 2103, Oct. 12, 1984, 98 Stat. 2192, directed Attorney General to report to Congress annually, during first three years following Oct. 12, 1984, concerning prosecutions under this section.