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ces 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, as amended. Title III of the Act is classified generally to subchapter III (Sec. 301 et seq.) of chapter 5 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables. -MISC1- AMENDMENTS 2002 - Subsec. (c)(1)(A)(ii). Pub. L. 107-273, Sec. 4002(b)(11)(A), substituted "(9)" for "(9),". Subsec. (e)(8). Pub. L. 107-273, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 2(d)(2), added pars. (9) to (11). Subsec. (g). Pub. L. 105-172, Sec. 2(d)(1), added subsec. (g). 1996 - Subsec. (a)(5). Pub. L. 104-294, Sec. 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, Sec. 601(l)(1)(C), in par. (6) relating to solicitations, struck out "or" at end. Pub. L. 104-294, Sec. 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, Sec. 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, Sec. 601(l)(1)(B), redesignated par. (7) as (9). Subsec. (a)(8). Pub. L. 104-294, Sec. 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, Sec. 601(l)(1)(B), redesignated par. (7) as (9). Subsec. (c)(1). Pub. L. 104-294, Sec. 601(l)(3)(A), substituted "(7), (8), or (9)" for "or (7)". Subsec. (c)(2). Pub. L. 104-294, Sec. 601(l)(3)(B), substituted "(6), (7), or (8)" for "or (6)". Subsec. (e)(7), (8). Pub. L. 104-294, Sec. 601(l)(2), redesignated par. (7), defining "scanning receiver", as (8). 1994 - Subsec. (a)(3). Pub. L. 103-322, Sec. 250007(1)(A), and Pub. L. 103-414, Sec. 206(a)(1), amended par. (3) identically, striking "or" at end. Subsec. (a)(5). Pub. L. 103-414, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 250007(1)(B), added par. (7). Subsec. (c)(1). Pub. L. 103-322, Sec. 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, Sec. 250007(2), substituted "(a)(2), (3), (5), (6), or (7)" for "(a)(2) or (a)(3)". Subsec. (c)(2). Pub. L. 103-414, Sec. 206(b), substituted "(a)(1), (4), (5), or (6)" for "(a)(1) or (a)(4)". Pub. L. 103-322, Sec. 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, Sec. 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, Sec. 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, Sec. 250007(3)(A), (B), and Pub. L. 103-414, Sec. 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, Sec. 206(c)(4), added par. (7) defining "scanning receiver". Pub. L. 103-322, Sec. 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. TERMINATION DATE OF 2001 AMENDMENT Amendments by title III of Pub. L. 107-56 to terminate effective on and after the first day of fiscal year 2005 if Congress enacts a joint resolution that such amendments no longer have the force of law, see section 303 of Pub. L. 107-56, set out as a Four-Year Congressional Review; Expedited Consideration note under section 5311 of Title 31, Money and Finance. -TRANS- 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. -MISC2- REPORT TO CONGRESS Section 1603 of Pub. L. 98-473 directed Attorney General to report to Congress annually, during first three years following Oct. 12, 1984, concerning prosecutions under this section. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 981, 982, 1028, 1030, 1961, 2326, 2516 of this title; title 31 section 9703. -End- -CITE- 18 USC Sec. 1030 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1030. Fraud and related activity in connection with computers -STATUTE- (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) 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 if the conduct involved an interstate or foreign communication; (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)(i) 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; (ii) intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or (iii) intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage; and (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; (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; (!1) (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 threat to cause damage to a protected computer; shall be punished as provided in subsection (c) of this section. (b) Whoever 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), (a)(5)(A)(iii), 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), (a)(5)(A)(iii), 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 paragraph (5), a fine under this title, imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(5)(A)(i), or an attempt to commit an offense punishable under that subsection; (B) a fine under this title, imprisonment for not more than 5 years, or both, in the case of an offense under subsection (a)(5)(A)(ii), or an attempt to commit an offense punishable under that subsection; (C) except as provided in paragraph (5), a fine under this title, imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to commit an offense punishable under either subsection, that occurs after a conviction for another offense under this section; and (5)(A) if the offender knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of subsection (a)(5)(A)(i), a fine under this title or imprisonment for not more than 20 years, or both; and (B) if the offender knowingly or recklessly causes or attempts to cause death from conduct in violation of subsection (a)(5)(A)(i), a fine under this title or imprisonment for any term of years or for life, or both. (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 s

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