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18 U.S.C. § 1037 — Fraud and related activity in connection with electronic mail
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Whoever, in or affecting interstate or foreign commerce, knowingly—
(1) accesses a protected computer without authorization, and intentionally initiates the transmission of multiple commercial electronic mail messages from or through such computer,
(2) uses a protected computer to relay or retransmit multiple commercial electronic mail messages, with the intent to deceive or mislead recipients, or any Internet access service, as to the origin of such messages,
(3) materially falsifies header information in multiple commercial electronic mail messages and intentionally initiates the transmission of such messages,
(4) registers, using information that materially falsifies the identity of the actual registrant, for five or more electronic mail accounts or online user accounts or two or more domain names, and intentionally initiates the transmission of multiple commercial electronic mail messages from any combination of such accounts or domain names, or
(5) falsely represents oneself to be the registrant or the legitimate successor in interest to the registrant of 5 or more Internet Protocol addresses, and intentionally initiates the transmission of multiple commercial electronic mail messages from such addresses,
or conspires to do so, shall be punished as provided in subsection (b).
**(b) Penalties.—** The punishment for an offense under subsection (a) is—
(1) a fine under this title, imprisonment for not more than 5 years, or both, if—
(A) the offense is committed in furtherance of any felony under the laws of the United States or of any State; or
(B) the defendant has previously been convicted under this section or section 1030, or under the law of any State for conduct involving the transmission of multiple commercial electronic mail m
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Stable record: federal_law:legal_authorities:record_usc_5998b215837c257d5f95f9ee
Source file: Laws/federal/codes/united-states-code/title-18/section-1037-fraud-and-related-activity-in-connection-with-electronic-mail--4ddbc8828f.md
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Source location: Title 18, Chapter 47, § 1037; chapter-047-fraud-and-false-statements.md
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**(a) In General.—** Whoever, in or affecting interstate or foreign commerce, knowingly—
(1) accesses a protected computer without authorization, and intentionally initiates the transmission of multiple commercial electronic mail messages from or through such computer,
(2) uses a protected computer to relay or retransmit multiple commercial electronic mail messages, with the intent to deceive or mislead recipients, or any Internet access service, as to the origin of such messages,
(3) materially falsifies header information in multiple commercial electronic mail messages and intentionally initiates the transmission of such messages,
(4) registers, using information that materially falsifies the identity of the actual registrant, for five or more electronic mail accounts or online user accounts or two or more domain names, and intentionally initiates the transmission of multiple commercial electronic mail messages from any combination of such accounts or domain names, or
(5) falsely represents oneself to be the registrant or the legitimate successor in interest to the registrant of 5 or more Internet Protocol addresses, and intentionally initiates the transmission of multiple commercial electronic mail messages from such addresses,
or conspires to do so, shall be punished as provided in subsection (b).
**(b) Penalties.—** The punishment for an offense under subsection (a) is—
(1) a fine under this title, imprisonment for not more than 5 years, or both, if—
(A) the offense is committed in furtherance of any felony under the laws of the United States or of any State; or
(B) the defendant has previously been convicted under this section or section 1030, or under the law of any State for conduct involving the transmission of multiple commercial electronic mail messages or unauthorized access to a computer system;
(2) a fine under this title, imprisonment for not more than 3 years, or both, if—
(A) the offense is an offense under subsection (a)(1);
(B) the offense is an offense under subsection (a)(4) and involved 20 or more falsified electronic mail or online user account registrations, or 10 or more falsified domain name registrations;
(C) the volume of electronic mail messages transmitted in furtherance of the offense exceeded 2,500 during any 24-hour period, 25,000 during any 30-day period, or 250,000 during any 1-year period;
(D) the offense caused loss to one or more persons aggregating $5,000 or more in value during any 1-year period;
(E) as a result of the offense any individual committing the offense obtained anything of value aggregating $5,000 or more during any 1-year period; or
(F) the offense was undertaken by the defendant in concert with three or more other persons with respect to whom the defendant occupied a position of organizer or leader; and
(3) a fine under this title or imprisonment for not more than 1 year, or both, in any other case.
**(c) Forfeiture.—**
(1) **In general.—** — The court, in imposing sentence on a person who is convicted of an offense under this section, shall order that the defendant forfeit to the United States—
(A) any property, real or personal, constituting or traceable to gross proceeds obtained from such offense; and
(B) any equipment, software, or other technology used or intended to be used to commit or to facilitate the commission of such offense.
(2) **Procedures.—** — The procedures set forth in section 413 of the Controlled Substances Act ([21 U.S.C. 853](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853&num=0&edition=prelim)), other than subsection (d) of that section, and in Rule 32.2 of the Federal Rules of Criminal Procedure, shall apply to all stages of a criminal forfeiture proceeding under this section.
**(d) Definitions.—** In this section:
(1) **Loss.—** — The term “loss” has the meaning given that term in [section 1030(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1030/e&num=0&edition=prelim).
(2) **Materially.—** — For purposes of paragraphs (3) and (4) of subsection (a), header information or registration information is materially falsified if it is altered or concealed in a manner that would impair the ability of a recipient of the message, an Internet access service processing the message on behalf of a recipient, a person alleging a violation of this section, or a law enforcement agency to identify, locate, or respond to a person who initiated the electronic mail message or to investigate the alleged violation.
(3) **Multiple.—** — The term “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.
(4) **Other terms.—** — Any other term has the meaning given that term by section 3 of the CAN-SPAM Act of 2003.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Affirmative consent** — The term “affirmative consent”, when used with respect to a commercial electronic mail message, means that—
(A) the recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the recipient’s own initiative; and
(B) if the message is from a party other than the party to which the recipient communicated such consent, the recipient was given clear and conspicuous notice at the time the consent was communicated that the recipient’s electronic mail address could be transferred to such other party for the purpose of initiating commercial electronic mail messages.
(2) **Commercial electronic mail message**
(A) *In general* — The term “commercial electronic mail message” means any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose).
(B) *Transactional or relationship messages* — The term “commercial electronic mail message” does not include a transactional or relationship message.
(C) *Regulations regarding primary purpose* — Not later than 12 months after December 16, 2003, the Commission shall issue regulations pursuant to [section 7711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7711&num=0&edition=prelim) defining the relevant criteria to facilitate the determination of the primary purpose of an electronic mail message.
(D) *Reference to company or website* — The inclusion of a reference to a commercial entity or a link to the website of a commercial entity in an electronic mail message does not, by itself, cause such message to be treat
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Property subject to criminal forfeiture** Any person convicted of a violation of this subchapter or subchapter II punishable by imprisonment for more than one year shall forfeit to the United States, irrespective of any provision of State law—
(1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation;
(2) any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation; and
(3) in the case of a person convicted of engaging in a continuing criminal enterprise in violation of [section 848 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section848&num=0&edition=prelim), the person shall forfeit, in addition to any property described in paragraph (1) or (2), any of his interest in, claims against, and property or contractual rights affording a source of control over, the continuing criminal enterprise.
The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to this subchapter or subchapter II, that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by this part, a defendant who derives profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds.
**(b) Meaning of term “property”** Property subject to criminal forfeiture under this section includes—
(1) real property, including things growing on, affixed to, and found in land; and
(2) tangible and intangible personal property, including rights, privileges, interests, claims, and securities.
**(c) Third party transfers** All right, title, and inter
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds the following:
(1) Electronic mail has become an extremely important and popular means of communication, relied on by millions of Americans on a daily basis for personal and commercial purposes. Its low cost and global reach make it extremely convenient and efficient, and offer unique opportunities for the development and growth of frictionless commerce.
(2) The convenience and efficiency of electronic mail are threatened by the extremely rapid growth in the volume of unsolicited commercial electronic mail. Unsolicited commercial electronic mail is currently estimated to account for over half of all electronic mail traffic, up from an estimated 7 percent in 2001, and the volume continues to rise. Most of these messages are fraudulent or deceptive in one or more respects.
(3) The receipt of unsolicited commercial electronic mail may result in costs to recipients who cannot refuse to accept such mail and who incur costs for the storage of such mail, or for the time spent accessing, reviewing, and discarding such mail, or for both.
(4) The receipt of a large number of unwanted messages also decreases the convenience of electronic mail and creates a risk that wanted electronic mail messages, both commercial and noncommercial, will be lost, overlooked, or discarded amidst the larger volume of unwanted messages, thus reducing the reliability and usefulness of electronic mail to the recipient.
(5) Some commercial electronic mail contains material that many recipients may consider vulgar or pornographic in nature.
(6) The growth in unsolicited commercial electronic mail imposes significant monetary costs on providers of Internet access services, businesses, and educational and nonprofit institutions that carry and receive such mail, as
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 7701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Omitted**
**(b) United States Sentencing Commission**
(1) **Directive** — Pursuant to its authority under [section 994(p) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section994/p&num=0&edition=prelim) and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the sentencing guidelines and policy statements to provide appropriate penalties for violations of [section 1037 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1037&num=0&edition=prelim), as added by this section, and other offenses that may be facilitated by the sending of large quantities of unsolicited electronic mail.
(2) **Requirements** — In carrying out this subsection, the Sentencing Commission shall consider providing sentencing enhancements for—
(A) those convicted under [section 1037 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1037&num=0&edition=prelim) who—
(i) obtained electronic mail addresses through improper means, including—
(I) harvesting electronic mail addresses of the users of a website, proprietary service, or other online public forum operated by another person, without the authorization of such person; and
(II) randomly generating electronic mail addresses by computer; or
(ii) knew that the commercial electronic mail messages involved in the offense contained or advertised an Internet domain for which the registrant of the domain had provided false registration information; and
(B) those convicted of other offenses, including offenses involving fraud, identity theft, obscenity, child pornography, and the sexual exploitation of children, if such offenses involved the sending
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 7703
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Commission may issue regulations to implement the provisions of this Act (not including the amendments made by sections 4 and 12). Any such regulations shall be issued in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim).
**(b) Limitation** Subsection (a) may not be construed to authorize the Commission to establish a requirement pursuant to [section 7704(a)(5)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7704/a/5/A&num=0&edition=prelim) to include any specific words, characters, marks, or labels in a commercial electronic mail message, or to include the identification required by [section 7704(a)(5)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7704/a/5/A&num=0&edition=prelim) in any particular part of such a mail message (such as the subject line or body).
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Federal law — U.S. Code and appendices · legal_authorities
Page 328
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 1035
§ 1035. False statements relating to health care
matters
(a) Whoever, in any matter involving a health
care benefit program, knowingly and willfully—
(1) falsifies, conceals, or covers up by any
trick, scheme, or device a material fact; or
(2) makes any materially false, fictitious, or
fraudulent statements or representations, or
makes or uses any materially false writing or
document knowing the same to contain any
materially false, fictitious, or fraudulent
statement or entry,
in connection with the delivery of or payment
for health care benefits, items, or services, shall
be fined under this title or imprisoned not more
than 5 years, or both.
(b) As used in this section, the term ‘‘health
care benefit program’’ has the meaning given
such term in section 24(b) of this title.
(Added Pub. L. 104–191, title II, § 244(a), Aug. 21,
1996, 110 Stat. 2017.)
§ 1036. Entry by false pretenses to any real prop-
erty, vessel, or aircraft of the United States
or secure area of any airport or seaport
(a) Whoever, by any fraud or false pretense,
enters or attempts to enter—
(1) any real property belonging in whole or
in part to, or leased by, the United States;
(2) any vessel or aircraft belonging in whole
or in part to, or leased by, the United States;
(3) any secure or restricted area of any sea-
port, designated as secure in an approved secu-
rity plan, as required under section 70103 of
title 46, United States Code, and the rules and
regulations promulgated under that section;
or
(4) any secure area of any airport,
shall be punished as provided in subsection (b) of
this section.
(b) The punishment for an offense under sub-
section (a) of this section is—
(1) a fine under this title or imprisonme
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 1037
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Federal law — U.S. Code and appendices · legal_authorities
Page 860
TITLE 21—FOOD AND DRUGS
§ 852
which occurred more than five years before the
date of the information alleging such prior con-
viction.
(Pub. L. 91–513, title II, § 411, Oct. 27, 1970, 84
Stat. 1269.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on first day of seventh calendar
month that begins after Oct. 26, 1970, see section 704 of
Pub. L. 91–513, set out as a note under section 801 of
this title.
§ 852. Application of treaties and other inter-
national agreements
Nothing in the Single Convention on Narcotic
Drugs, the Convention on Psychotropic Sub-
stances, or other treaties or international agree-
ments shall be construed to limit the provision
of treatment, education, or rehabilitation as al-
ternatives to conviction or criminal penalty for
offenses involving any drug or other substance
subject to control under any such treaty or
agreement.
(Pub. L. 91–513, title II, § 412, as added Pub. L.
95–633, title I, § 107(a), Nov. 10, 1978, 92 Stat. 3773.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on date the Convention on Psycho-
tropic Substances enters into force in the United
States [July 15, 1980], see section 112 of Pub. L. 95–633,
set out as a note under section 801a of this title.
§ 853. Criminal forfeitures
(a) Property subject to criminal forfeiture
Any person convicted of a violation of this
subchapter or subchapter II punishable by im-
prisonment for more than one year shall forfeit
to the United States, irrespective of any provi-
sion of State law—
(1) any property constituting, or derived
from, any proceeds the person obtained, di-
rectly or indirectly, as the result of such vio-
lation;
(2) any of the person’s property used, or in-
tended to be used, in any mann
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 853
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