18 U.S.C. § 1036 — Entry by false pretenses to any real prop-

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 imprisonment for not more than 10 years, or both, if the of- fense is committed with the intent to commit a felony; or (2) a fine under this title or imprisonment for not more than 6 months, or both, in any other case. (c) As used in this section— (1) the term ‘‘secure area’’ means an area ac- cess to which is restricted by the airport au- thority, captain of the seaport, or a public agency; and (2) the term ‘‘airport’’ has the meaning given such term in section 47102 of title 49. (Added Pub. L. 106–547, § 2(a), Dec. 19, 2000, 114 Stat. 2738; amended Pub. L. 109–177, title III, § 302(a), Mar. 9, 2006, 120 Stat. 233.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–177, § 302(a)(4), substituted ‘‘any air- port or seaport’’ for ‘‘any airport’’ in section catchline. Subsec. (a)(3), (4). Pub. L. 109–177, § 302(a)(1), added par. (3) and redesignated former par. (3) as (4). Subsec. (b)(1). Pub. L. 109–177, § 302(a)(2), substituted ‘‘10 years’’ for ‘‘5 years’’. Subsec. (c)(1). Pub. L. 109–177, § 302(a)(3), inserted ‘‘, captain of the seaport,’’ after ‘‘airport authority’’. § 1037. Fraud and related activity in connection with electronic mail (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 elec- tronic mail messages from or through such computer, (2) uses a protected computer to relay or re- transmit multiple commercial electronic mail messages, with the intent to deceive or mis- lead 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 materi- ally falsifies the identity of the actual reg- istrant, for five or more electronic mail ac- counts or online user accounts or two or more domain names, and intentionally initiates the transmission of multiple commercial elec- tronic mail messages from any combination of such accounts or domain names, or (5) falsely represents oneself to be the reg- istrant or the legitimate successor in interest to the registrant of 5 or more Internet Pro- tocol addresses, and intentionally initiates the transmission of multiple commercial elec- tronic mail messages from such addresses, or conspires to do so, shall be punished as pro- vided 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 further- ance of any felony under the laws of the United States or of any State; or (B) the defendant has previously been con- victed under this section or section 1030, or under the law of any State for conduct in- volving the transmission of multiple com- mercial electronic mail messages or unau- thorized 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 sub- section (a)(1); (B) the offense is an offense under sub- section (a)(4) and involved 20 or more fal- sified 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 ex- ceeded 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