Chapter 47, Section 1030, Subsection (c) · 18 U.S.C. Chapter 47 — FRAUD AND FALSE STATEMENTS

Contents

(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.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 49

Show every defined 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);
airport
has the meaning given such term in section 47102 of title 49.
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;
benefit
means any record, voucher, payment, money or thing of value, good, service, right, or privilege provided by the United States, a State or local government, or other entity.
branch or agency of a foreign bank
means a branch or agency described in section 20(9) of this title.
business of insurance
means— by an insurer, including all acts necessary or incidental to such writing or reinsuring and the activities of persons who act as, or are, officers, directors, agents, or employees of insurers or who are other persons authorized to act on behalf of such persons;
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;
confidential phone records information
means information that—
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;
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;
customer
means, with respect to a covered entity, any individual, partnership, association, joint stock company, trust, or corporation, or authorized representative of such customer, to whom the covered entity provides a product or service.
damage
means any impairment to the integrity or availability of data, a program, a system, or information;
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;
depository institution holding company
has the meaning given such term in section 3(w)(1) of the Federal Deposit Insurance Act.
device-making equipment
means any equipment, mechanism, or impression designed or primarily used for making an access device or a counterfeit access device;
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;
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;
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;
false authentication feature
means an authentication feature that—
false identification document
means a document of a type intended or commonly accepted for the purposes of identification of individuals that—
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)));
felony violation enumerated in subsection (c)
means any offense that is a felony violation of—
financial institution
means—
financial record
means information derived from any record held by a financial institution pertaining to a customer’s relationship with the financial institution;
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;
health care benefit program
has the meaning given such term in section 24(b) of this title.
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;
insured bank
includes any state bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation;
insurer
means any entity the business activity of which is the writing of insurance or the reinsuring of risks, and includes any person who acts as, or is, an officer, director, agent, or employee of that business;
interstate commerce
means—
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;
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—
member bank
means and includes any national bank, state bank, or bank or trust company, which has become a member of one of the Federal Reserve banks;
multiple
means more than 100 electronic mail messages during a 24-hour period, more than 1,000 electronic mail messages during a 30-day period, or more than 10,000 electronic mail messages during a 1-year period.
original source
means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the Government;
person
means any individual, firm, corporation, educational institution, financial institution, governmental entity, or legal or other entity;
personal identification card
means an identification document issued by a State or local government solely for the purpose of identification;
produce
includes design, alter, authenticate, duplicate, or assemble;
protected computer
means a computer—
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;
secure area
means an area access to which is restricted by the airport authority, captain of the seaport, or a public agency;
State
includes the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession or territory of the United States;
State-chartered credit union
includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.
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.
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);
traffic
means transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of;
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;
unauthorized access device
means any access device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud;
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)).