18 U.S.C. § 1029 : US Code - Section 1029: Fraud and related activity in connection with access devices

Search 18 U.S.C. § 1029 : US Code - Section 1029: Fraud and related activity in connection with access devices

(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 -
(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.