18 U.S.C. § 1030 — Fraud and related activity in connection

Page 318 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1030 1 See References in Text note below. Subsec. (a)(7). Pub. L. 104–294, § 601(l)(1)(A), (C), redes- ignated 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, § 601(l)(1)(B), redesignated par. (7) as (9). Subsec. (a)(8). Pub. L. 104–294, § 601(l)(1)(A), (D), redes- ignated par. (6), relating to scanning receivers or other hardware or software used to obtain unauthorized ac- cess 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, § 601(l)(1)(B), redesig- nated par. (7) as (9). Subsec. (c)(1). Pub. L. 104–294, § 601(l)(3)(A), sub- stituted ‘‘(7), (8), or (9)’’ for ‘‘or (7)’’. Subsec. (c)(2). Pub. L. 104–294, § 601(l)(3)(B), sub- stituted ‘‘(6), (7), or (8)’’ for ‘‘or (6)’’. Subsec. (e)(7), (8). Pub. L. 104–294, § 601(l)(2), redesig- nated par. (7), defining ‘‘scanning receiver’’, as (8). 1994—Subsec. (a)(3). Pub. L. 103–322, § 250007(1)(A), and Pub. L. 103–414, § 206(a)(1), amended par. (3) identically, striking ‘‘or’’ at end. Subsec. (a)(5). Pub. L. 103–414, § 206(a)(2), added par. (5) relating to instruments that have been modified or al- tered to obtain unauthorized use of telecommuni- cations services. Pub. L. 103–322, § 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, § 206(a)(2), added par. (6) relating to scanning receivers or other hardware or software used to obtain unauthorized access to tele- communications services. Pub. L. 103–322, § 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, § 250007(1)(B), added par. (7). Subsec. (c)(1). Pub. L. 103–322, § 330016(2)(I), sub- stituted ‘‘fine under this title or twice the value ob- tained by the offense, whichever is greater, or impris- onment’’ for ‘‘fine of not more than the greater of $10,000 or twice the value obtained by the offense or im- prisonment’’. Pub. L. 103–322, § 250007(2), substituted ‘‘(a)(2), (3), (5), (6), or (7)’’ for ‘‘(a)(2) or (a)(3)’’. Subsec. (c)(2). Pub. L. 103–414, § 206(b), substituted ‘‘(a)(1), (4), (5), or (6)’’ for ‘‘(a)(1) or (a)(4)’’. Pub. L. 103–322, § 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 ob- tained by the offense or imprisonment’’. Subsec. (c)(3). Pub. L. 103–322, § 330016(2)(I), sub- stituted ‘‘fine under this title or twice the value ob- tained by the offense, whichever is greater, or impris- onment’’ 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, § 206(c)(1), inserted ‘‘electronic serial number, mobile identification num- ber, personal identification number, or other tele- communications service, equipment, or instrument identifier,’’ after ‘‘account number,’’. Subsec. (e)(5), (6). Pub. L. 103–322, § 250007(3)(A), (B), and Pub. L. 103–414, § 206(c)(2), (3), amended subsec. (e) identically, striking ‘‘and’’ at end of par. (5) and sub- stituting ‘‘; and’’ for period at end of par. (6). Subsec. (e)(7). Pub. L. 103–414, § 206(c)(4), added par. (7) defining ‘‘scanning receiver’’. Pub. L. 103–322, § 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. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating 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 Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. REPORT TO CONGRESS Pub. L. 98–473, title II, § 1603, Oct. 12, 1984, 98 Stat. 2184, directed Attorney General to report to Congress annually, during first three years following Oct. 12, 1984, concerning prosecutions under this section. § 1030. Fraud and related activity in connection with computers (a) Whoever— (1) having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been deter- mined by the United States Government pur- suant to an Executive order or statute to re- quire protection against unauthorized disclo- sure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the Atomic En- ergy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United States, or to the ad- vantage of any foreign nation willfully com- municates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or trans- mitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; (2) intentionally accesses a computer with- out authorization or exceeds authorized ac- cess, and thereby obtains— (A) information contained in a financial record of a financial institution, or of a card issuer as defined in section 1602(n) 1 of title 15, or contained in a file of a consumer re- porting agency on a consumer, as such terms are defined in the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); (B) information from any department or agency of the United States; or (C) information from any protected com- puter; (3) intentionally, without authorization to access any nonpublic computer of a depart- ment or agency of the United States, accesses such a computer of that department or agency Page 319 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1030 2 So in original. The period probably should be a semicolon. 3 So in original. Probably should be followed by ‘‘or’’. 4 So in original. The comma probably should not appear. that is exclusively for the use of the Govern- ment of the United States or, in the case of a computer not exclusively for such use, is used by or for the Government of the United States and such conduct affects that use by or for the Government of the United States; (4) knowingly and with intent to defraud, ac- cesses a protected computer without author- ization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $5,000 in any 1-year period; (5)(A) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer; (B) intentionally accesses a protected com- puter without authorization, and as a result of such conduct, recklessly causes damage; or (C) intentionally accesses a protected com- puter without authorization, and as a result of such conduct, causes damage and loss.2 (6) knowingly and with intent to defraud traffics (as defined in section 1029) in any pass- word or similar information through which a computer may be accessed without authoriza- tion, if— (A) such trafficking affects interstate or foreign commerce; or (B) such computer is used by or for the Government of the United States; 3 (7) with intent to extort from any person any money or other thing of value, transmits in interstate or foreign commerce any commu- nication containing any— (A) threat to cause damage to a protected computer; (B) threat to obtain information from a protected computer without authorization or in excess of authorization or to impair the confidentiality of information obtained from a protected computer without authorization or by exceeding authorized access; or (C) demand or request for money or other thing of value in relation to damage to a protected computer, where such damage was caused to facilitate the extortion; shall be punished as provided in subsection (c) of this section. (b) Whoever conspires to commit or attempts to commit an offense under subsection (a) of this section shall be punished as provided in sub- section (c) of this section. (c) The punishment for an offense under sub- section (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 con- viction for another offense under this section, or an attempt to commit an offense punish- able 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 of- fense 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 at- tempt to commit an offense punishable under this subparagraph, if— (i) the offense was committed for purposes of commercial advantage or private finan- cial gain; (ii) the offense was committed in further- ance of any criminal or tortious act in viola- tion 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 sec- tion, or an attempt to commit an offense pun- ishable 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 of- fense 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 con- viction for another offense under this section, or an attempt to commit an offense punish- able under this subparagraph; (4)(A) except as provided in subparagraphs (E) and (F), a fine under this title, imprison- ment 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 of- fense 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 in- vestigation, prosecution, or other pro- ceeding brought by the United States only, loss resulting from a related course of con- duct 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, treat- ment, or care of 1 or more individuals; Page 320 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1030 (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 Gov- ernment in furtherance of the administra- tion of justice, national defense, or na- tional security; or (VI) damage affecting 10 or more pro- tected computers during any 1-year period; or (ii) an attempt to commit an offense pun- ishable 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 of- fense 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 pun- ishable 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 convic- tion for another offense under this section; or (ii) an attempt to commit an offense pun- ishable 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 pun- ishable 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 pun- ishable under this subparagraph. (d)(1) The United States Secret Service shall, in addition to any other agency having such au- thority, have the authority to investigate of- fenses under this section. (2) The Federal Bureau of Investigation shall have primary authority to investigate offenses under subsection (a)(1) for any cases involving espionage, foreign counterintelligence, informa- tion protected against unauthorized disclosure for reasons of national defense or foreign rela- tions, or Restricted Data (as that term is de- fined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)), except for offenses affect- ing the duties of the United States Secret Serv- ice pursuant to section 3056(a) of this title. (3) Such authority shall be exercised in ac- cordance with an agreement which shall be en- tered into by the Secretary of the Treasury and the Attorney General. (e) As used in this section— (1) the term ‘‘computer’’ means an elec- tronic, magnetic, optical, electrochemical, or other high speed data processing device per- forming logical, arithmetic, or storage func- tions, 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; (2) the term ‘‘protected computer’’ means a computer— (A) exclusively for the use of a financial institution or the United States Govern- ment, or, in the case of a computer not ex- clusively for such use, used by or for a finan- cial institution or the United States Govern- ment and the conduct constituting the of- fense affects that use by or for the financial institution or the Government; (B) which is used in or affecting interstate or foreign commerce or communication, in- cluding a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States; or (C) that— (i) is part of a voting system; and (ii)(I) is used for the management, sup- port, or administration of a Federal elec- tion; or (II) has moved in or otherwise affects interstate or foreign commerce; (3) the term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession or territory of the United States; (4) the term ‘‘financial institution’’ means— (A) an institution, with deposits insured by the Federal Deposit Insurance Corpora- tion; (B) the Federal Reserve or a member of the Federal Reserve including any Federal Re- serve Bank; (C) a credit union with accounts insured by the National Credit Union Administration; (D) a member of the Federal home loan bank system and any home loan bank; (E) any institution of the Farm Credit Sys- tem under the Farm Credit Act of 1971; (F) a broker-dealer registered with the Se- curities and Exchange Commission pursuant to section 15 of the Securities Exchange Act of 1934; (G) the Securities Investor Protection Cor- poration; (H) a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) Page 321 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1030 5 So in original. Probably should be ‘‘subclause’’. 6 So in original. Probably should be followed by a period. and (3) of section 1(b) of the International Banking Act of 1978); and (I) an organization operating under section 25 or section 25(a) 1 of the Federal Reserve Act; (5) the term ‘‘financial record’’ means infor- mation derived from any record held by a fi- nancial institution pertaining to a customer’s relationship with the financial institution; (6) the term ‘‘exceeds authorized access’’ means to access a computer with authoriza- tion and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter; (7) the term ‘‘department of the United States’’ means the legislative or judicial branch of the Government or one of the execu- tive departments enumerated in section 101 of title 5; (8) the term ‘‘damage’’ means any impair- ment to the integrity or availability of data, a program, a system, or information; (9) the term ‘‘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 sub- division of a foreign country; (10) the term ‘‘conviction’’ shall include a conviction under the law of any State for a crime punishable by imprisonment for more than 1 year, an element of which is unauthor- ized access, or exceeding authorized access, to a computer; (11) the term ‘‘loss’’ means any reasonable cost to any victim, including the cost of re- sponding 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 in- curred, or other consequential damages in- curred because of interruption of service; (12) the term ‘‘person’’ means any individual, firm, corporation, educational institution, fi- nancial institution, governmental entity, or legal or other entity; (13) the term ‘‘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 Cam- paign Act of 1971 (52 U.S.C. 30101(3))); and (14) the term ‘‘voting system’’ has the mean- ing given the term in section 301(b) of the Help America Vote Act of 2002 (52 U.S.C. 21081(b)). (f) This section does not prohibit any lawfully authorized investigative, protective, or intel- ligence activity of a law enforcement agency of the United States, a State, or a political sub- division of a State, or of an intelligence agency of the United States. (g) Any person who suffers damage or loss by reason of a violation of this section may main- tain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief. A civil action for a viola- tion of this section may be brought only if the conduct involves 1 of the factors set forth in subclauses 5 (I), (II), (III), (IV), or (V) of sub- section (c)(4)(A)(i). Damages for a violation in- volving only conduct described in subsection (c)(4)(A)(i)(I) are limited to economic damages. No action may be brought under this subsection unless such action is begun within 2 years of the date of the act complained of or the date of the discovery of the damage. No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware. (h) The Attorney General and the Secretary of the Treasury shall report to the Congress annu- ally, during the first 3 years following the date of the enactment of this subsection, concerning investigations and prosecutions under sub- section (a)(5). (i)(1) The court, in imposing sentence on any person convicted of a violation of this section, or convicted of conspiracy to violate this sec- tion, shall order, in addition to any other sen- tence imposed and irrespective of any provision of State law, that such person forfeit to the United States— (A) such person’s interest in any personal property that was used or intended to be used to commit or to facilitate the commission of such violation; and (B) any property, real or personal, consti- tuting or derived from, any proceeds that such person obtained, directly or indirectly, as a re- sult of such violation. (2) The criminal forfeiture of property under this subsection, any seizure and disposition thereof, and any judicial proceeding in relation thereto, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except subsection (d) of that section. (j) For purposes of subsection (i), the following shall be subject to forfeiture to the United States and no property right shall exist in them: (1) Any personal property used or intended to be used to commit or to facilitate the com- mission of any violation of this section, or a conspiracy to violate this section. (2) Any property, real or personal, which constitutes or is derived from proceeds trace- able to any violation of this section, or a con- spiracy to violate this section 6 (Added Pub. L. 98–473, title II, § 2102(a), Oct. 12, 1984, 98 Stat. 2190; amended Pub. L. 99–474, § 2, Oct. 16, 1986, 100 Stat. 1213; Pub. L. 100–690, title VII, § 7065, Nov. 18, 1988, 102 Stat. 4404; Pub. L. 101–73, title IX, § 962(a)(5), Aug. 9, 1989, 103 Stat. 502; Pub. L. 101–647, title XII, § 1205(e), title XXV, § 2597(j), title XXXV, § 3533, Nov. 29, 1990, 104 Stat. 4831, 4910, 4925; Pub. L. 103–322, title XXIX, § 290001(b)–(f), Sept. 13, 1994, 108 Stat. 2097–2099; Pub. L. 104–294, title II, § 201, title VI, § 604(b)(36), Oct. 11, 1996, 110 Stat. 3491, 3508; Pub. L. 107–56, title V, § 506(a), title VIII, § 814(a)–(e), Oct. 26, 2001, 115 Stat. 366, 382–384; Pub. L. 107–273, div. B, title IV, §§ 4002(b)(1), (12), 4005(a)(3), (d)(3), Nov. 2, 2002, 116 Stat. 1807, 1808, 1812, 1813; Pub. L. 107–296, title XXII, § 2207(g), formerly title II, § 225(g), Nov. 25, 2002, 116 Stat. 2158, renumbered § 2207(g), Pub. L. 115–278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178; Pub. L. 110–326, title II, §§ 203, Page 322 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1030 204(a), 205–208, Sept. 26, 2008, 122 Stat. 3561, 3563; Pub. L. 116–179, § 2, Oct. 20, 2020, 134 Stat. 855.) Editorial Notes REFERENCES IN TEXT Section 11 of the Atomic Energy Act of 1954, referred to in subsec. (a)(1), is classified to section 2014 of Title 42, The Public Health and Welfare. Section 1602(n) of title 15, referred to in subsec. (a)(2)(A), was redesignated section 1602(o) of title 15 by Pub. L. 111–203, title X, § 1100A(1)(A), July 21, 2010, 124 Stat. 2107. The Fair Credit Reporting Act, referred to in subsec. (a)(2)(A), is title VI of Pub. L. 90–321, as added by Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1127, which is classified generally to subchapter III (§ 1681 et seq.) of chapter 41 of Title 15, Commerce and Trade. For com- plete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 15 and Ta- bles. The Farm Credit Act of 1971, referred to in subsec. (e)(4)(E), is Pub. L. 92–181, Dec. 10, 1971, 85 Stat. 583, which is classified generally to chapter 23 (§ 2001 et seq.) of Title 12, Banks and Banking. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2001 of Title 12 and Tables. Section 15 of the Securities Exchange Act of 1934, re- ferred to in subsec. (e)(4)(F), is classified to section 78o of Title 15, Commerce and Trade. Section 1(b) of the International Banking Act of 1978, referred to in subsec. (e)(4)(H), is classified to section 3101 of Title 12, Banks and Banking. Section 25 of the Federal Reserve Act, referred to in subsec. (e)(4)(I), is classified to subchapter I (§ 601 et seq.) of chapter 6 of Title 12. Section 25(a) of the Fed- eral Reserve Act, which is classified to subchapter II (§ 611 et seq.) of chapter 6 of Title 12, was renumbered section 25A of that act by Pub. L. 102–242, title I, § 142(e)(2), Dec. 19, 1991, 105 Stat. 2281. The date of the enactment of this subsection, referred to in subsec. (h), is the date of enactment of Pub. L. 103–322, which was approved Sept. 13, 1994. AMENDMENTS 2020—Subsec. (e)(2)(C). Pub. L. 116–179, § 2(1), added subpar. (C). Subsec. (e)(13), (14). Pub. L. 116–179, § 2(2)–(4), added pars. (13) and (14). 2008—Subsec. (a)(2)(C). Pub. L. 110–326, § 203, struck out ‘‘if the conduct involved an interstate or foreign communication’’ after ‘‘computer’’. Subsec. (a)(5). Pub. L. 110–326, § 204(a)(1), redesignated cls. (i) to (iii) of subpar. (A) as subpars. (A) to (C), re- spectively, substituted ‘‘damage and loss.’’ for ‘‘dam- age; and’’ in subpar. (C), and struck out former subpar. (B) which read as follows: ‘‘(B) by conduct described in clause (i), (ii), or (iii) of subparagraph (A), caused (or, in the case of an at- tempted offense, would, if completed, have caused)— ‘‘(i) loss to 1 or more persons during any 1-year pe- riod (and, for purposes of an investigation, prosecu- tion, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected com- puters) aggregating at least $5,000 in value; ‘‘(ii) the modification or impairment, or potential modification or impairment, of the medical examina- tion, diagnosis, treatment, or care of 1 or more indi- viduals; ‘‘(iii) physical injury to any person; ‘‘(iv) a threat to public health or safety; or ‘‘(v) damage affecting a computer system used by or for a government entity in furtherance of the admin- istration of justice, national defense, or national se- curity;’’. Subsec. (a)(7). Pub. L. 110–326, § 205, amended par. (7) generally. Prior to amendment, par. (7) read as follows: ‘‘with intent to extort from any person any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to cause damage to a protected computer;’’. Subsec. (b). Pub. L. 110–326, § 206, inserted ‘‘conspires to commit or’’ after ‘‘Whoever’’. Subsec. (c)(2)(A). Pub. L. 110–326, § 204(a)(2)(A), struck out ‘‘(a)(5)(A)(iii),’’ after ‘‘(a)(3),’’. Subsec. (c)(3)(B). Pub. L. 110–326, § 204(a)(2)(B), struck out ‘‘(a)(5)(A)(iii),’’ after ‘‘(a)(4),’’. Subsec. (c)(4). Pub. L. 110–326, § 204(a)(2)(C), amended par. (4) generally. Prior to amendment, par. (4) related to fines and imprisonment for intentionally or reck- lessly causing damage to a protected computer without authorization. Subsec. (c)(5). Pub. L. 110–326, § 204(a)(2)(D), struck out par. (5) which related to fine or imprisonment for knowingly or recklessly causing or attempting to cause serious bodily injury or death from certain conduct damaging a protected computer. Subsec. (e)(2)(B). Pub. L. 110–326, § 207, inserted ‘‘or af- fecting’’ after ‘‘which is used in’’. Subsec. (g). Pub. L. 110–326, § 204(a)(3)(B), in the third sentence, substituted ‘‘subsection (c)(4)(A)(i)(I)’’ for ‘‘subsection (a)(5)(B)(i)’’. Pub. L. 110–326, § 204(a)(3)(A), which directed substi- tution of ‘‘in subclauses (I), (II), (III), (IV), or (V) of subsection (c)(4)(A)(i)’’ for ‘‘in clauses (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B)’’ in the second sentence, was executed by making the substitution for ‘‘in clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B)’’ to re- flect the probable intent of Congress. Subsecs. (i), (j). Pub. L. 110–326, § 208, added subsecs. (i) and (j). 2002—Subsec. (a)(5)(B). Pub. L. 107–273, § 4005(a)(3), re- aligned margins. Subsec. (c)(2)(B). Pub. L. 107–273, § 4002(b)(1), realigned margins. Subsec. (c)(2)(B)(iii). Pub. L. 107–273, § 4002(b)(12)(A), inserted ‘‘and’’ at end. Subsec. (c)(3)(B). Pub. L. 107–273, § 4005(d)(3), inserted comma after ‘‘(a)(4)’’. Subsec. (c)(4)(A), (C). Pub. L. 107–296, § 2207(g)(2), for- merly § 225(g)(2), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), inserted ‘‘except as provided in paragraph (5),’’ before ‘‘a fine under this title’’. Subsec. (c)(5). Pub. L. 107–296, § 2207(g)(1), (3), (4), for- merly § 225(g)(1), (3), (4), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), added par. (5). Subsec. (e)(4)(I). Pub. L. 107–273, § 4002(b)(12)(B), sub- stituted semicolon for period at end. 2001—Subsec. (a)(5)(A). Pub. L. 107–56, § 814(a)(1)–(3), designated existing provisions as cl. (i), redesignated subpars. (B) and (C) as cls. (ii) and (iii), respectively, of subpar. (A), and inserted ‘‘and’’ at end of cl. (iii). Subsec. (a)(5)(B). Pub. L. 107–56, § 814(a)(4), added sub- par. (B). Former subpar. (B) redesignated cl. (ii) of sub- par. (A). Subsec. (a)(5)(C). Pub. L. 107–56, § 814(a)(2), redesig- nated subpar. (C) as cl. (iii) of subpar. (A). Subsec. (a)(7). Pub. L. 107–56, § 814(b), struck out ‘‘, firm, association, educational institution, financial institution, government entity, or other legal entity,’’ before ‘‘any money or other thing of value’’. Subsec. (c)(2)(A). Pub. L. 107–56, § 814(c)(1)(A), inserted ‘‘except as provided in subparagraph (B),’’ before ‘‘a fine’’, substituted ‘‘(a)(5)(A)(iii)’’ for ‘‘(a)(5)(C)’’, and struck out ‘‘and’’ at end. Subsec. (c)(2)(B). Pub. L. 107–56, § 814(c)(1)(B), inserted ‘‘or an attempt to commit an offense punishable under this subparagraph,’’ after ‘‘subsection (a)(2),’’ in intro- ductory provisions. Subsec. (c)(2)(C). Pub. L. 107–56, § 814(c)(1)(C), struck out ‘‘and’’ at end. Subsec. (c)(3). Pub. L. 107–56, § 814(c)(2), struck out ‘‘, (a)(5)(A), (a)(5)(B),’’ after ‘‘subsection (a)(4)’’ in sub- pars. (A) and (B) and substituted ‘‘(a)(5)(A)(iii)’’ for ‘‘(a)(5)(C)’’ in subpar. (B). Subsec. (c)(4). Pub. L. 107–56, § 814(c)(3), added par. (4). Subsec. (d). Pub. L. 107–56, § 506(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as Page 323 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1030 follows: ‘‘The United States Secret Service shall, in ad- dition to any other agency having such authority, have the authority to investigate offenses under subsections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of this section. Such authority of the United States Secret Service shall be exercised in accordance with an agree- ment which shall be entered into by the Secretary of the Treasury and the Attorney General.’’ Subsec. (e)(2)(B). Pub. L. 107–56, § 814(d)(1), inserted ‘‘, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States’’ before semicolon. Subsec. (e)(7). Pub. L. 107–56, § 814(d)(2), struck out ‘‘and’’ at end. Subsec. (e)(8). Pub. L. 107–56, § 814(d)(3), added par. (8) and struck out former par. (8) which read as follows: ‘‘the term ‘damage’ means any impairment to the in- tegrity or availability of data, a program, a system, or information, that— ‘‘(A) causes loss aggregating at least $5,000 in value during any 1-year period to one or more individuals; ‘‘(B) modifies or impairs, or potentially modifies or impairs, the medical examination, diagnosis, treat- ment, or care of one or more individuals; ‘‘(C) causes physical injury to any person; or ‘‘(D) threatens public health or safety; and’’. Subsec. (e)(10) to (12). Pub. L. 107–56, § 814(d)(4), (5), added pars. (10) to (12). Subsec. (g). Pub. L. 107–56, § 814(e), substituted ‘‘A civil action for a violation of this section may be brought only if the conduct involves 1 of the factors set forth in clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B). Damages for a violation involving only con- duct described in subsection (a)(5)(B)(i) are limited to economic damages.’’ for ‘‘Damages for violations in- volving damage as defined in subsection (e)(8)(A) are limited to economic damages.’’ and inserted at end ‘‘No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware.’’ 1996—Subsec. (a)(1). Pub. L. 104–294, § 201(1)(A), sub- stituted ‘‘having knowingly accessed’’ for ‘‘knowingly accesses’’, ‘‘exceeding authorized access’’ for ‘‘exceeds authorized access’’, ‘‘such conduct having obtained in- formation’’ for ‘‘such conduct obtains information’’, and ‘‘could be used to the injury of the United States’’ for ‘‘is to be used to the injury of the United States’’, struck out ‘‘the intent or’’ before ‘‘reason to believe’’, and inserted before semicolon at end ‘‘willfully commu- nicates, delivers, transmits, or causes to be commu- nicated, delivered, or transmitted, or attempts to com- municate, deliver, transmit or cause to be commu- nicated, delivered, or transmitted the same to any per- son not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it’’. Subsec. (a)(2). Pub. L. 104–294, § 201(1)(B), inserted dash after ‘‘thereby obtains’’, redesignated remainder of par. (2) as subpar. (A), and added subpars. (B) and (C). Subsec. (a)(3). Pub. L. 104–294, § 201(1)(C), inserted ‘‘nonpublic’’ before ‘‘computer of a department or agen- cy’’, struck out ‘‘adversely’’ after ‘‘and such conduct’’, and substituted ‘‘that use by or for the Government of the United States’’ for ‘‘the use of the Government’s operation of such computer’’. Subsec. (a)(4). Pub. L. 104–294, § 201(1)(D), substituted ‘‘protected computer’’ for ‘‘Federal interest computer’’ and inserted ‘‘and the value of such use is not more than $5,000 in any 1-year period’’ before semicolon at end. Subsec. (a)(5). Pub. L. 104–294, § 201(1)(E), inserted par. (5) and struck out former par. (5) which related to fraud in connection with computers in causing transmission of program, information, code, or command to a com- puter or computer system in interstate or foreign com- merce which damages such system, program, informa- tion, or code, or causes a withholding or denial of use of hardware or software, or transmits viruses which causes damage in excess of $1,000 or more during any one-year period, or modifies or impairs medical exam- ination, diagnosis, treatment or care of individuals. Subsec. (a)(5)(B)(ii)(II)(bb). Pub. L. 104–294, § 604(b)(36)(A), which directed insertion of ‘‘or’’ at end of subsec., could not be executed because no subsec. (a)(5)(B)(ii)(II)(bb) existed subsequent to amendment by Pub. L. 104–294, § 201(1)(E). See above. Subsec. (a)(7). Pub. L. 104–294, § 201(1)(F), added par. (7). Subsec. (c)(1). Pub. L. 104–294, § 201(2)(A), substituted ‘‘under this section’’ for ‘‘under such subsection’’ in subpars. (A) and (B). Subsec. (c)(1)(B). Pub. L. 104–294, § 604(b)(36)(B), struck out ‘‘and’’ after semicolon at end. Subsec. (c)(2)(A). Pub. L. 104–294, § 201(2)(B)(i), in- serted ‘‘, (a)(5)(C),’’ after ‘‘(a)(3)’’ and substituted ‘‘under this section’’ for ‘‘under such subsection’’. Subsec. (c)(2)(B). Pub. L. 104–294, § 201(2)(B)(iii), added subpar. (B). Former subpar. (B) redesignated (C). Subsec. (c)(2)(C). Pub. L. 104–294, § 201(2)(B)(iv), sub- stituted ‘‘under this section’’ for ‘‘under such sub- section’’ and inserted ‘‘and’’ at end. Pub. L. 104–294, § 201(2)(B)(ii), redesignated subpar. (B) as (C). Subsec. (c)(3)(A). Pub. L. 104–294, § 201(2)(C)(i), sub- stituted ‘‘(a)(4), (a)(5)(A), (a)(5)(B), or (a)(7)’’ for ‘‘(a)(4) or (a)(5)(A)’’ and ‘‘under this section’’ for ‘‘under such subsection’’. Subsec. (c)(3)(B). Pub. L. 104–294, § 201(2)(C)(ii), sub- stituted ‘‘(a)(4), (a)(5)(A), (a)(5)(B), (a)(5)(C), or (a)(7)’’ for ‘‘(a)(4) or (a)(5)’’ and ‘‘under this section’’ for ‘‘under such subsection’’. Subsec. (c)(4). Pub. L. 104–294, § 201(2)(D), struck out par. (4) which read as follows: ‘‘a fine under this title or imprisonment for not more than 1 year, or both, in the case of an offense under subsection (a)(5)(B).’’ Subsec. (d). Pub. L. 104–294, § 201(3), inserted ‘‘sub- sections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of’’ before ‘‘this section’’ in first sentence. Subsec. (e)(2). Pub. L. 104–294, § 201(4)(A)(i), sub- stituted ‘‘protected’’ for ‘‘Federal interest’’ in intro- ductory provisions. Subsec. (e)(2)(A). Pub. L. 104–294, § 201(4)(A)(ii), sub- stituted ‘‘that use by or for the financial institution or the Government’’ for ‘‘the use of the financial institu- tion’s operation or the Government’s operation of such computer’’. Subsec. (e)(2)(B). Pub. L. 104–294, § 201(4)(A)(iii), added subpar. (B) and struck out former subpar. (B) which read as follows: ‘‘which is one of two or more com- puters used in committing the offense, not all of which are located in the same State;’’. Subsec. (e)(8), (9). Pub. L. 104–294, § 201(4)(B)–(D), added pars. (8) and (9). Subsec. (g). Pub. L. 104–294, § 604(b)(36)(C), substituted ‘‘violation of this section’’ for ‘‘violation of the sec- tion’’. Pub. L. 104–294, § 201(5), struck out ‘‘, other than a violation of subsection (a)(5)(B),’’ before ‘‘may main- tain a civil action’’ and substituted ‘‘involving damage as defined in subsection (e)(8)(A)’’ for ‘‘of any sub- section other than subsection (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb)’’. Subsec. (h). Pub. L. 104–294, § 604(b)(36)(D), substituted ‘‘subsection (a)(5)’’ for ‘‘section 1030(a)(5) of title 18, United States Code’’ before period at end. 1994—Subsec. (a)(3). Pub. L. 103–322, § 290001(f), in- serted ‘‘adversely’’ before ‘‘affects the use of the Gov- ernment’s’’. Subsec. (a)(5). Pub. L. 103–322, § 290001(b), amended par. (5) generally. Prior to amendment, par. (5) read as follows: ‘‘intentionally accesses a Federal interest com- puter without authorization, and by means of one or more instances of such conduct alters, damages, or de- stroys information in any such Federal interest com- puter, or prevents authorized use of any such computer or information, and thereby— ‘‘(A) causes loss to one or more others of a value ag- gregating $1,000 or more during any one year period; or Page 324 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1031 ‘‘(B) modifies or impairs, or potentially modifies or impairs, the medical examination, medical diagnosis, medical treatment, or medical care of one or more in- dividuals; or’’. Subsec. (c)(3)(A). Pub. L. 103–322, § 290001(c)(2), in- serted ‘‘(A)’’ after ‘‘(a)(5)’’. Subsec. (c)(4). Pub. L. 103–322, § 290001(c)(1), (3), (4), added par. (4). Subsec. (g). Pub. L. 103–322, § 290001(d), added subsec. (g). Subsec. (h). Pub. L. 103–322, § 290001(e), added subsec. (h). 1990—Subsec. (a)(1). Pub. L. 101–647, § 3533, substituted ‘‘paragraph y’’ for ‘‘paragraph r’’. Subsec. (e)(3). Pub. L. 101–647, § 1205(e), inserted ‘‘com- monwealth,’’ before ‘‘possession or territory of the United States’’. Subsec. (e)(4)(G). Pub. L. 101–647, § 2597(j)(2), which di- rected substitution of a semicolon for a period at end of subpar. (G), could not be executed because it ended with a semicolon. Subsec. (e)(4)(H), (I). Pub. L. 101–647, § 2597(j), added subpars. (H) and (I). 1989—Subsec. (e)(4)(A). Pub. L. 101–73, § 962(a)(5)(A), substituted ‘‘an institution,’’ for ‘‘a bank’’. Subsec. (e)(4)(C) to (H). Pub. L. 101–73, § 962(a)(5)(B), (C), redesignated subpars. (D) to (H) as (C) to (G), re- spectively, and struck out former subpar. (C) which read as follows: ‘‘an institution with accounts insured by the Federal Savings and Loan Insurance Corpora- tion;’’. 1988—Subsec. (a)(2). Pub. L. 100–690 inserted a comma after ‘‘financial institution’’ and struck out the comma that followed a comma after ‘‘title 15’’. 1986—Subsec. (a). Pub. L. 99–474, § 2(b)(2), struck out last sentence which read as follows: ‘‘It is not an of- fense under paragraph (2) or (3) of this subsection in the case of a person having accessed a computer with au- thorization and using the opportunity such access pro- vides for purposes to which such access does not ex- tend, if the using of such opportunity consists only of the use of the computer.’’ Subsec. (a)(1). Pub. L. 99–474, § 2(c), substituted ‘‘or exceeds authorized access’’ for ‘‘, or having accessed a computer with authorization, uses the opportunity such access provides for purposes to which such author- ization does not extend’’. Subsec. (a)(2). Pub. L. 99–474, § 2(a), (c), substituted ‘‘intentionally’’ for ‘‘knowingly’’, substituted ‘‘or ex- ceeds authorized access’’ for ‘‘, or having accessed a computer with authorization, uses the opportunity such access provides for purposes to which such author- ization does not extend’’, struck out ‘‘as such terms are defined in the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.),’’ after ‘‘financial institution,’’, in- serted ‘‘or of a card issuer as defined in section 1602(n) of title 15,’’ and struck out ‘‘or’’ appearing at end. Subsec. (a)(3). Pub. L. 99–474, § 2(b)(1), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘knowingly accesses a computer without author- ization, or having accessed a computer with authoriza- tion, uses the opportunity such access provides for pur- poses to which such authorization does not extend, and by means of such conduct knowingly uses, modifies, de- stroys, or discloses information in, or prevents author- ized use of, such computer, if such computer is operated for or on behalf of the Government of the United States and such conduct affects such operation;’’. Subsec. (a)(4) to (6). Pub. L. 99–474, § 2(d), added pars. (4) to (6). Subsec. (b). Pub. L. 99–474, § 2(e), struck out par. (1) designation and par. (2) which provided a penalty for persons conspiring to commit an offense under subsec. (a). Subsec. (c). Pub. L. 99–474, § 2(f)(9), substituted ‘‘(b)’’ for ‘‘(b)(1)’’ in introductory text. Subsec. (c)(1)(A). Pub. L. 99–474, § 2(f)(1), substituted ‘‘under this title’’ for ‘‘of not more than the greater of $10,000 or twice the value obtained by the offense’’. Subsec. (c)(1)(B). Pub. L. 99–474, § 2(f)(2), substituted ‘‘under this title’’ for ‘‘of not more than the greater of $100,000 or twice the value obtained by the offense’’. Subsec. (c)(2)(A). Pub. L. 99–474, § 2(f)(3), (4), sub- stituted ‘‘under this title’’ for ‘‘of not more than the greater of $5,000 or twice the value obtained or loss cre- ated by the offense’’ and inserted reference to subsec. (a)(6). Subsec. (c)(2)(B). Pub. L. 99–474, § 2(f)(3), (5)–(7), sub- stituted ‘‘under this title’’ for ‘‘of not more than the greater of $10,000 or twice the value obtained or loss created by the offense’’, ‘‘not more than’’ for ‘‘not than’’, inserted reference to subsec. (a)(6), and sub- stituted ‘‘; and’’ for the period at end of subpar. (B). Subsec. (c)(3). Pub. L. 99–474, § 2(f)(8), added par. (3). Subsec. (e). Pub. L. 99–474, § 2(g), substituted a dash for the comma after ‘‘As used in this section’’, re- aligned remaining portion of subsection, inserted ‘‘(1)’’ before ‘‘the term’’, substituted a semicolon for the pe- riod at the end, and added pars. (2) to (7). Subsec. (f). Pub. L. 99–474, § 2(h), added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. TRANSFER OF FUNCTIONS For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating 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 Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. REPORTS TO CONGRESS Pub. L. 98–473, title II, § 2103, Oct. 12, 1984, 98 Stat. 2192, directed Attorney General to report to Congress annually, during first three years following Oct. 12, 1984, concerning prosecutions under this section. § 1031. Major fraud against the United States (a) Whoever knowingly executes, or attempts to execute, any scheme or artifice with the in- tent— (1) to defraud the United States; or (2) to obtain money or property by means of false or fraudulent pretenses, representations, or promises, in any grant, contract, subcontract, subsidy, loan, guarantee, insurance, or other form of Federal assistance, including through the Trou- bled Asset Relief Program, an economic stim- ulus, recovery or rescue plan provided by the Government, or the Government’s purchase of any troubled asset as defined in the Emergency Economic Stabilization Act of 2008, or in any procurement of property or services as a prime contractor with the United States or as a sub- contractor or supplier on a contract in which there is a prime contract with the United States, if the value of such grant, contract, sub- contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance, or any con- stituent part thereof, is $1,000,000 or more shall, subject to the applicability of subsection (c) of this section, be fined not more than $1,000,000, or imprisoned not more than 10 years, or both. (b) The fine imposed for an offense under this section may exceed the maximum otherwise pro- vided by law, if such fine does not exceed $5,000,000 and—