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.