Notes on 18 U.S.C. § 1029 : US Code - Notes

Search Notes on 18 U.S.C. § 1029 : US Code - Notes

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