349 
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 ac-
cess device that is counterfeit, fictitious, altered, or forged, 
or an identifiable component of an access device or a coun-
terfeit 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, authen-
ticate, 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 de-
vice; 
(7) the term ‘‘credit card system member’’ means a fi-
nancial 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, equip-
ment, or instrument; 
(9) the term ‘‘telecommunications service’’ has the 
meaning given such term in section 3 of title I of the Com-
munications Act of 1934 (47 U.S.C. 153); 
(10) the term ‘‘facilities-based carrier’’ means an enti-
ty that owns communications transmission facilities, is re-
sponsible for the operation and maintenance of those facili-
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ties, 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 informa-
tion’’ means electronic serial number or any other number 
or signal that identifies a specific telecommunications in-
strument or account, or a specific communication trans-
mitted from a telecommunications instrument. 
§ 787. Fraud and related activity in connection 
with computers 
(a) OFFENSE.—Whoever— 
(1) having knowingly accessed a computer without au-
thorization or exceeding authorized access, and by means of 
such conduct having obtained information that has been de-
termined by the United States Government pursuant to an 
Executive order or statute to require protection against un-
authorized disclosure for reasons of national defense or for-
eign relations, or any restricted data, as defined in para-
graph y. of section 11 of the Atomic Energy 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 
advantage of any foreign nation knowingly communicates, 
delivers, transmits, or causes to be communicated, deliv-
ered, 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 
knowingly retains the same and fails to deliver it to the of-
ficer or employee of the United States entitled to receive 
it; 
(2) intentionally accesses a computer without author-
ization or exceeds authorized access, 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) of title 15, or contained in a file of a 
consumer reporting agency on a consumer, as such 
terms are defined in the Fair Credit Reporting Act (15 
U.S.C. 1681 et seq.); 
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(B) information from any department or agency of 
the United States; or 
(C) information from any protected computer if 
the conduct involved an interstate or foreign commu-
nication; 
(3) intentionally, without authorization to access any 
nonpublic computer of a department or agency of the 
United States, accesses such a computer of that depart-
ment or agency that is exclusively for the use of the Gov-
ernment of the United States or, in the case of a computer 
not exclusively for such use, is used by or for the Govern-
ment 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, accesses a 
protected computer without authorization, or exceeds au-
thorized 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)(i) knowingly causes the transmission of a pro-
gram, information, code, or command, and as a result of 
such conduct, intentionally causes damage without author-
ization, to a protected computer; 
(ii) intentionally accesses a protected computer with-
out authorization, and as a result of such conduct, reck-
lessly causes damage; or 
(iii) intentionally accesses a protected computer with-
out authorization, and as a result of such conduct, causes 
damage; and 
(B) by conduct described in clause (i), (ii), or (iii) of 
subparagraph (A), 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 pe-
riod (and, for purposes of an investigation, prosecution, 
or other proceeding brought by the United States only, 
loss resulting from a related course of conduct affecting 
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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 examina-
tion, diagnosis, treatment, or care of 1 or more individ-
uals; 
(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 secu-
rity; 
(6) knowingly and with intent to defraud traffics (as 
defined in section 1029) in any password or similar infor-
mation through which a computer may be accessed without 
authorization, if— 
(A) such trafficking affects interstate or foreign 
commerce; or 
(B) such computer is used by or for the Govern-
ment of the United States. 
(7) 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; 
shall be punished as provided in subsection (c) of this section. 
(b) PUNISHMENT.—The punishment for an offense under 
subsection (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 conviction for another offense under this section, or 
an attempt to commit an offense punishable 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 
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attempt to commit an offense punishable under this sub-
paragraph; 
(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), (a)(5)(A)(iii), 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 offense 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 attempt to commit an offense pun-
ishable under this subparagraph, if— 
(i) the offense was committed for purposes of com-
mercial advantage or private financial gain; 
(ii) the offense was committed in furtherance of 
any criminal or tortious act in violation of the Constitu-
tion 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 
such subsection, 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 offense 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), (a)(5)(A)(iii), or (a)(7) of this sec-
tion which occurs after a conviction for another offense 
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