576 
false identification document that is or appears 
to be— 
‘‘(i) an identification document or au-
thentication feature issued by or under the 
authority of the United States; or 
‘‘(ii) a birth certificate, or a driver’s 
license or personal identification card; 
‘‘(B) the production or transfer of more 
than five identification documents, authentica-
tion features, or false identification documents; 
‘‘(C) an offense under paragraph (5) of 
such subsection; or 
‘‘(D) an offense under paragraph (7) of 
such subsection that involves the transfer, pos-
session, or use of 1 or more means of identifica-
tion if, as a result of the offense, any individual 
committing the offense obtains anything of 
value aggregating $1,000 or more during any 1- 
year period; 
‘‘(2) except as provided in paragraphs (3) and 
(4), a fine under this title or imprisonment for not 
more than 5 years, or both, if the offense is— 
‘‘(A) any other production, transfer, or use 
of a means of identification, an identification 
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document, authentication feature, or a false 
identification document; or 
‘‘(B) an offense under paragraph (3) or 
(7) of such subsection; 
‘‘(3) a fine under this title or imprisonment for 
not more than 20 years, or both, if the offense is 
committed— 
‘‘(A) to facilitate a drug trafficking crime 
(as defined in section 592(a)(2)); 
‘‘(B) in connection with a crime of violence 
(as defined in section 584(c)(3)); or 
‘‘(C) after a prior conviction under this 
section becomes final; 
‘‘(4) a fine under this title or imprisonment for 
not more than 30 years, or both, if the offense is 
committed to facilitate an act of domestic terrorism 
(as defined under section 283) or an act of inter-
national terrorism (as defined in section 283(1)); 
and 
‘‘(5) a fine under this title or imprisonment for 
not more than one year, or both, in any other case. 
‘‘(c) APPLICABILITY.—Subsection (a) applies if— 
‘‘(1) the identification document, authentication 
feature, or false identification document is or ap-
pears to be issued by or under the authority of the 
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United States or a sponsoring entity of an event des-
ignated as a special event of national significance or 
the document-making implement is designed or suit-
ed for making such an identification document, au-
thentication feature, or false identification docu-
ment; 
‘‘(2) the offense is an offense under subsection 
(a)(4) of this section; or 
‘‘(3) either— 
‘‘(A) the production, transfer, possession, 
or use prohibited by this section is in or affects 
interstate or foreign commerce, including the 
transfer of a document by electronic means; or 
‘‘(B) the means of identification, identifica-
tion document, false identification document, or 
document-making implement is transported in 
the mail in the course of the production, trans-
fer, possession, or use prohibited by this sec-
tion. 
‘‘(d) DEFINITIONS.—In this section and section 
784— 
‘‘(1) the term ‘authentication feature’ means 
any hologram, watermark, certification, symbol, 
code, image, sequence of numbers or letters, or other 
feature that either individually or in combination 
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with another feature is used by the issuing authority 
on an identification document, document-making im-
plement, or means of identification to determine if 
the document is counterfeit, altered, or otherwise 
falsified; 
‘‘(2) the term ‘document-making implement’ 
means any implement, impression, template, com-
puter file, computer disc, electronic device, or com-
puter hardware or software, that is specifically con-
figured or primarily used for making an identifica-
tion document, a false identification document, or 
another document-making implement; 
‘‘(3) the term ‘identification document’ means a 
document made or issued by or under the authority 
of the United States Government, a State, political 
subdivision of a State, or a sponsoring entity of an 
event designated as a special event of national sig-
nificance, a foreign government, political subdivision 
of a foreign government, an international govern-
mental or an international quasi-governmental orga-
nization which, when completed with information 
concerning a particular individual, is of a type in-
tended or commonly accepted for the purpose of 
identification of individuals; 
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‘‘(4) the term ‘false identification document’ 
means a document of a type intended or commonly 
accepted for the purposes of identification of individ-
uals that— 
‘‘(A) is not issued by or under the author-
ity of a governmental entity or was issued 
under the authority of a governmental entity 
but was subsequently altered for purposes of 
deceit; and 
‘‘(B) appears to be issued by or under the 
authority of the United States Government, a 
State, a political subdivision of a State, or a 
sponsoring entity of an event designated as a 
special event of national significance, a foreign 
government, a political subdivision of a foreign 
government, or an international governmental 
or quasi-governmental organization; 
‘‘(5) the term ‘false authentication feature’ 
means an authentication feature that— 
‘‘(A) is genuine in origin, but, without the 
authorization of the issuing authority, has been 
tampered with or altered for purposes of deceit; 
‘‘(B) is genuine, but has been distributed, 
or is intended for distribution, without the au-
thorization of the issuing authority and not in 
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connection with a lawfully made identification 
document, document-making implement, or 
means of identification to which such authen-
tication feature is intended to be affixed or em-
bedded by the respective issuing authority; or 
‘‘(C) appears to be genuine, but is not; 
‘‘(6) the term ‘issuing authority’— 
‘‘(A) means any governmental entity or 
agency that is authorized to issue identification 
documents, means of identification, or authen-
tication features; and 
‘‘(B) includes the United States Govern-
ment, a State, a political subdivision of a State, 
or a sponsoring entity of an event designated as 
a special event of national significance, a for-
eign government, a political subdivision of a for-
eign government, or an international govern-
ment or quasi-governmental organization; 
‘‘(7) the term ‘means of identification’ means 
any name or number that may be used, alone or in 
conjunction with any other information, to identify 
a specific individual, including any— 
‘‘(A) name, social security number, date of 
birth, official State or government issued driv-
er’s license or identification number, alien reg-
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istration number, government passport number, 
employer or taxpayer identification number; 
‘‘(B) unique biometric data, such as finger-
print, voice print, retina or iris image, or other 
unique physical representation; 
‘‘(C) unique electronic identification num-
ber, address, or routing code; or 
‘‘(D) telecommunication identifying infor-
mation or access device (as such terms are de-
fined in section 786); 
‘‘(8) the term ‘personal identification card’ 
means an identification document issued by a State 
or local government solely for the purpose of identi-
fication; 
‘‘(9) the term ‘produce’ includes alter, authen-
ticate, or assemble; 
‘‘(10) the term ‘transfer’ includes selecting an 
identification document, false identification docu-
ment, or document-making implement and placing or 
directing the placement of such identification docu-
ment, false identification document, or document- 
making implement on an online location where it is 
available to others; 
‘‘(11) the term ‘traffic’ means— 
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‘‘(A) to transport, transfer, or otherwise 
dispose of, to another, as consideration for any-
thing of value; or 
‘‘(B) to make or obtain control of with in-
tent to so transport, transfer, or otherwise dis-
pose of. 
‘‘(e) EXCLUSION.—This section does not prohibit any 
lawfully authorized investigative, protective, or intelligence 
activity of a law enforcement agency of the United States, 
a State, or a political subdivision of a State, or of an intel-
ligence agency of the United States, or any activity au-
thorized under chapter 224. 
‘‘(f) RULE OF CONSTRUCTION.—For purpose of sub-
section (a)(7), a single identification document or false 
identification document that contains 1 or more means of 
identification shall be construed to be 1 means of identi-
fication. 
‘‘§ 784. Aggravated identity theft 
‘‘(a) OFFENSES.— 
‘‘(1) IN GENERAL.—Whoever, during and in re-
lation to any felony violation enumerated in sub-
section (c), knowingly transfers, possesses, or uses, 
without lawful authority, a means of identification of 
another person shall, in addition to the punishment 
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584 
provided for such felony, be sentenced to a term of 
imprisonment of 2 years. 
‘‘(2) TERRORISM OFFENSE.—Whoever, during 
and in relation to any felony violation enumerated in 
section 273(g)(3)(B), knowingly transfers, possesses, 
or uses, without lawful authority, a means of identi-
fication of another person or a false identification 
document shall, in addition to the punishment pro-
vided for such felony, be sentenced to a term of im-
prisonment of 5 years. 
‘‘(b) CONSECUTIVE
SENTENCE.—Notwithstanding 
any other provision of law— 
‘‘(1) a court shall not place on probation any 
person convicted of a violation of this section; 
‘‘(2) except as provided in paragraph (4), no 
term of imprisonment imposed on a person under 
this section shall run concurrently with any other 
term of imprisonment imposed on the person under 
any other provision of law, including any term of im-
prisonment imposed for the felony during which the 
means of identification was transferred, possessed, 
or used; 
‘‘(3) in determining any term of imprisonment 
to be imposed for the felony during which the means 
of identification was transferred, possessed, or used, 
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585 
a court shall not in any way reduce the term to be 
imposed for such crime so as to compensate for, or 
otherwise take into account, any separate term of 
imprisonment imposed or to be imposed for a viola-
tion of this section; and 
‘‘(4) a term of imprisonment imposed on a per-
son for a violation of this section may, in the discre-
tion of the court, run concurrently, in whole or in 
part, only with another term of imprisonment that 
is imposed by the court at the same time on that 
person for an additional violation of this section, 
provided that such discretion shall be exercised in 
accordance with any applicable guidelines and policy 
statements issued by the Sentencing Commission 
pursuant to section 994 of title 28. 
‘‘(c) DEFINITION.—For purposes of this section, the 
term ‘felony violation enumerated in subsection (c)’ means 
any offense that is a felony violation of— 
‘‘(1) section 641 (relating to theft of public 
money, property, or records), section 644 (relating 
to theft, embezzlement, or misapplication by bank 
officer or employee), or section 651 (relating to theft 
from employee benefit plans); 
‘‘(2) section 1091 (relating to false personation 
of citizenship); 
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586 
‘‘(3) section 582(a)(6) (relating to false state-
ments in connection with the acquisition of a fire-
arm); 
‘‘(4) any provision contained in this subchapter 
(relating to fraud and false statements), other than 
this section or section 783(a)(7); 
‘‘(5) any provision contained in subchapter B of 
chapter 25 (relating to mail, bank, and wire fraud); 
‘‘(6) any provision contained in subchapter F of 
chapter 15 (relating to nationality and citizenship); 
‘‘(7) section 523 of the Gramm-Leach-Bliley 
Act (relating to obtaining customer information by 
false pretenses); 
‘‘(8) section 243 or 266 of the Immigration and 
Nationality Act (relating to knowingly failing to 
leave the United States after deportation and cre-
ating a counterfeit alien registration card); 
‘‘(9) any provision contained in chapter 8 of 
title II of the Immigration and Nationality Act (re-
lating to various immigration offenses); or 
‘‘(10) section 208, 811, 1107(b), 1128B(a), or 
1632 of the Social Security Act (relating to false 
statements relating to programs under the Act). 
‘‘§ 785. Fraudulent use of credit card 
‘‘(a) OFFENSE.—Whoever— 
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587 
‘‘(1) knowingly in a transaction affecting inter-
state or foreign commerce, uses any counterfeit, fic-
titious, altered, forged, lost, stolen, or fraudulently 
obtained credit card to obtain money, goods, serv-
ices, or anything else of value which within any one- 
year period has a value aggregating $1,000 or more; 
‘‘(2) with unlawful intent, transports in inter-
state or foreign commerce a counterfeit, fictitious, 
altered, forged, lost, stolen, or fraudulently obtained 
credit card knowing the same to be counterfeit, ficti-
tious, altered, forged, lost, stolen, or fraudulently ob-
tained; 
‘‘(3) with unlawful intent, uses any instrumen-
tality of interstate or foreign commerce to sell or 
transport a counterfeit, fictitious, altered, forged, 
lost, stolen, or fraudulently obtained credit card 
knowing the same to be counterfeit, fictitious, al-
tered, forged, lost, stolen, or fraudulently obtained; 
‘‘(4) knowingly receives, conceals, uses, or 
transports money, goods, services, or anything else 
of value (except tickets for interstate or foreign 
transportation) which— 
‘‘(A) within any one-year period has a 
value aggregating $1,000 or more; 
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‘‘(B) has moved in, is part of, or con-
stitutes interstate or foreign commerce; and 
‘‘(C) has been obtained with a counterfeit, 
fictitious, altered, forged, lost, stolen, or fraud-
ulently obtained credit card; 
‘‘(5) knowingly receives, conceals, uses, sells, or 
transports in interstate or foreign commerce one or 
more tickets for interstate or foreign transportation, 
which— 
‘‘(A) within any one-year period have a 
value aggregating $500 or more, and 
‘‘(B) have been purchased or obtained with 
one or more counterfeit, fictitious, altered, 
forged, lost, stolen, or fraudulently obtained 
credit cards; or 
‘‘(6) in a transaction affecting interstate or for-
eign commerce furnishes money, property, services, 
or anything else of value, which within any one-year 
period has a value aggregating $1,000 or more, 
through the use of any counterfeit, fictitious, al-
tered, forged, lost, stolen, or fraudulently obtained 
credit card knowing the same to be counterfeit, ficti-
tious, altered, forged, lost, stolen, or fraudulently ob-
tained; 
shall be imprisoned not more than ten years. 
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‘‘(b) DEFINITIONS.—A term used in this section that 
has a definition for the purposes of the Consumer Credit 
Protection Act has that same definition for the purposes 
of this section. 
‘‘§ 786. Fraud and related activity in connection with 
access devices 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) knowingly and with intent to defraud pro-
duces, uses, or traffics in one or more counterfeit ac-
cess devices; 
‘‘(2) knowingly and with intent to defraud traf-
fics in or uses one or more unauthorized access de-
vices during any one-year period, and by such con-
duct obtains anything of value aggregating $1,000 
or more during that period; 
‘‘(3) knowingly and with intent to defraud pos-
sesses fifteen or more devices which are counterfeit 
or unauthorized access devices; 
‘‘(4) knowingly and with intent to defraud pro-
duces, traffics in, has control or custody of, or pos-
sesses device-making equipment; 
‘‘(5) knowingly and with intent to defraud ef-
fects transactions, with 1 or more access devices 
issued to another person or persons, to receive pay-
ment or any other thing of value during any 1-year 
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590 
period the aggregate value of which is equal to or 
greater than $1,000; 
‘‘(6) without the authorization of the issuer of 
the access device, knowingly and with intent to de-
fraud solicits a person for the purpose of— 
‘‘(A) offering an access device; or 
‘‘(B) selling information regarding or an 
application to obtain an access device; 
‘‘(7) knowingly and with intent to defraud uses, 
produces, traffics in, has control or custody of, or 
possesses a telecommunications instrument that has 
been modified or altered to obtain unauthorized use 
of telecommunications services; 
‘‘(8) knowingly and with intent to defraud uses, 
produces, traffics in, has control or custody of, or 
possesses a scanning receiver; 
‘‘(9) knowingly uses, produces, traffics in, has 
control or custody of, or possesses hardware or soft-
ware, knowing it has been configured to insert or 
modify telecommunication identifying information 
associated with or contained in a telecommunications 
instrument so that such instrument may be used to 
obtain telecommunications service without authoriza-
tion; or 
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591 
‘‘(10) without the authorization of the credit 
card system member or its agent, knowingly and 
with intent to defraud causes or arranges for an-
other person to present to the member or its agent, 
for payment, 1 or more evidences or records of 
transactions made by an access device; 
shall, if the offense affects interstate or foreign commerce, 
be punished as provided in subsection (b) of this section. 
‘‘(b) PENALTIES.—The punishment for an offense 
under subsection (a) is— 
‘‘(1) in the case of an offense that does not 
occur after a conviction for another offense under 
this section— 
‘‘(A) if the offense is under paragraph (1), 
(2), (3), (6), (7), or (10) of subsection (a), a 
fine under this title or imprisonment for not 
more than 10 years, or both; and 
‘‘(B) if the offense is under paragraph (4), 
(5), (8), or (9) of subsection (a), a fine under 
this title or imprisonment for not more than 15 
years, or both; and 
‘‘(2) in the case of an offense that occurs after 
a conviction for another offense under this section, 
a fine under this title or imprisonment for not more 
than 20 years, or both. 
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592 
‘‘(c) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial jurisdiction over an offense under this sec-
tion if— 
‘‘(1) the offense involves an access device 
issued, owned, managed, or controlled by a financial 
institution, account issuer, credit card system mem-
ber, or other entity within the jurisdiction of the 
United States; and 
‘‘(2) the person transports, delivers, conveys, 
transfers to or through, or otherwise stores, secrets, 
or holds within the jurisdiction of the United States, 
any article used to assist in the commission of the 
offense or the proceeds of such offense or property 
derived therefrom. 
‘‘(d) AUTHORITY OF UNITED STATES SECRET SERV-
ICE.—The United States Secret Service shall, in addition 
to any other agency having such authority, have the au-
thority to investigate offenses under this section. Such au-
thority of the United States Secret Service shall be exer-
cised in accordance with an agreement which shall be en-
tered into by the Secretary of the Treasury and the Attor-
ney General. 
‘‘(e) OFFICIAL DUTY EXCLUSION.—This section does 
not prohibit any lawfully authorized investigative, protec-
tive, or intelligence activity of a law enforcement agency 
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593 
of the United States, a State, or a political subdivision 
of a State, or of an intelligence agency of the United 
States, or any activity authorized under chapter 224. 
‘‘(f) BUSINESS EXCLUSION.—It is not a violation of 
subsection (a)(9) for an officer, employee, or agent of, or 
a person engaged in business with, a facilities-based car-
rier, to engage in conduct (other than trafficking) other-
wise prohibited by that subsection for the purpose of pro-
tecting the property or legal rights of that carrier, unless 
such conduct is for the purpose of obtaining telecommuni-
cations service provided by another facilities-based carrier 
without the authorization of such carrier. 
‘‘(g) AFFIRMATIVE DEFENSE.—In a prosecution for 
a violation of subsection (a)(9) (other than a violation con-
sisting of producing or trafficking), it is an affirmative 
defense that the conduct charged was engaged in for re-
search or development in connection with a lawful pur-
pose. 
‘‘(h) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘access device’ means any card, 
plate, code, account number, electronic serial num-
ber, mobile identification number, personal identi-
fication number, or other telecommunications serv-
ice, equipment, or instrument identifier, or other 
means of account access that can be used, alone or 
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594 
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 in-
strument); 
‘‘(2) the term ‘counterfeit access device’ means 
any access device that is counterfeit, fictitious, al-
tered, or forged, or an identifiable component of an 
access device or a counterfeit access device; 
‘‘(3) the term ‘unauthorized access device’ 
means any access device that is lost, stolen, expired, 
revoked, canceled, or obtained with intent to de-
fraud; 
‘‘(4) the term ‘produce’ includes design, alter, 
authenticate, duplicate, or assemble; 
‘‘(5) the term ‘traffic’ means transfer, or other-
wise 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 device; 
‘‘(7) the term ‘credit card system member’ 
means a financial institution or other entity that is 
a member of a credit card system, including an enti-
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595 
ty, 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 de-
vice or apparatus that can be used to intercept a 
wire or electronic communication in violation of sub-
chapter B of chapter 37 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 Communications Act of 1934; 
‘‘(10) the term ‘facilities-based carrier’ means 
an entity that owns communications transmission fa-
cilities, is responsible for the operation and mainte-
nance of those facilities, and holds an operating li-
cense issued by the Federal Communications Com-
mission under the authority of title III of the Com-
munications Act of 1934; and 
‘‘(11) the term ‘telecommunication identifying 
information’ means electronic serial number or any 
other number or signal that identifies a specific tele-
communications instrument or account, or a specific 
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communication transmitted from a telecommuni-
cations instrument. 
‘‘§ 787. Fraud and related activity in connection with 
computers 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) having knowingly accessed a computer 
without authorization or exceeding authorized ac-
cess, and by means of such conduct having obtained 
information that has been determined by the United 
States Government pursuant to an Executive order 
or statute to require protection against unauthorized 
disclosure for reasons of national defense or foreign 
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, delivered, or trans-
mitted, or attempts to communicate, deliver, trans-
mit or cause to be communicated, delivered, or 
transmitted the same to any person not entitled to 
receive it, or knowingly retains the same and fails to 
deliver it to the officer or employee of the United 
States entitled to receive it; 
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‘‘(2) intentionally accesses a computer without 
authorization 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 de-
fined in the Fair Credit Reporting Act; 
‘‘(B) information from any department or 
agency of the United States; or 
‘‘(C) information from any protected com-
puter; 
‘‘(3) intentionally, without authorization to ac-
cess any nonpublic computer of a department or 
agency of the United States, accesses such a com-
puter of that department or agency that is exclu-
sively for the use of the Government 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 authorization, 
or exceeds authorized access, and by means of such 
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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; 
‘‘(6) knowingly and with intent to defraud traf-
fics (as defined in section 1029) in any password or 
similar information 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 
Government of the United States; or 
‘‘(7) with intent to extort from any person any 
money or other thing of value, transmits in inter-
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state or foreign commerce any communication con-
taining 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 con-
fidentiality of information obtained from a pro-
tected computer without authorization or by ex-
ceeding 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 (b) of this sec-
tion. 
‘‘(b) PUNISHMENT.—The punishment for an offense 
under subsection (a) 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 
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‘‘(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 of-
fense 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 of-
fense 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 punishable under this subpara-
graph, if— 
‘‘(i) the offense was committed for pur-
poses of commercial advantage or private finan-
cial gain; 
‘‘(ii) the offense was committed in further-
ance of any criminal or tortious act in violation 
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601 
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 an-
other offense under such subsection, or an attempt 
to commit an offense punishable under this subpara-
graph; 
‘‘(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 subpara-
graph; 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 section which occurs after a conviction 
for another offense under this section, or an attempt 
to commit an offense punishable under this subpara-
graph; 
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602 
‘‘(4)(A) except as provided in subparagraphs 
(E) and (F), a fine under this title, imprisonment 
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 an-
other offense under this section, if the offense 
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 
investigation, 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; 
‘‘(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 
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603 
States Government in furtherance of the 
administration of justice, national defense, 
or national security; or 
‘‘(VI) damage affecting 10 or more 
protected computers during any 1-year pe-
riod; 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 an-
other offense under this section, if the offense 
caused (or, in the case of an attempted offense, 
would, if completed, have caused) a harm pro-
vided in subclauses (I) through (VI) of subpara-
graph (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 sub-
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604 
section (a)(5) that occurs after a conviction 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 know-
ingly 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 know-
ingly or recklessly causes death from conduct in vio-
lation 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— 
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‘‘(i) any other offense under subsection 
(a)(5); or 
‘‘(ii) an attempt to commit an offense pun-
ishable under this subparagraph. 
‘‘(c) INVESTIGATIVE AUTHORITY.— 
‘‘(1) UNITED STATES SECRET SERVICE.—The 
United States Secret Service shall, in addition to 
any other agency having such authority, have the 
authority to investigate offenses under this section. 
‘‘(2) FEDERAL BUREAU OF INVESTIGATION.— 
The Federal Bureau of Investigation shall have pri-
mary authority to investigate offenses under sub-
section (a)(1) for any cases involving espionage, for-
eign 
counterintelligence, 
information 
protected 
against unauthorized disclosure for reasons of na-
tional defense or foreign relations, or Restricted 
Data (as that term is defined in section 11 y. of the 
Atomic Energy Act of 1954, except for offenses af-
fecting the duties of the United States Secret Serv-
ice pursuant to section 3056(a). 
‘‘(3) AGREEMENT.—Such authority shall be ex-
ercised in accordance with an agreement which shall 
be entered into by the Secretary of the Treasury and 
the Attorney General. 
‘‘(d) DEFINITIONS.—As used in this section— 
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606 
‘‘(1) the term ‘computer’ means an electronic, 
magnetic, optical, electrochemical, or other high 
speed data processing device performing logical, 
arithmetic, or storage functions, and includes any 
data storage facility or communications facility di-
rectly related to or operating in conjunction with 
such device, but such term does not include an auto-
mated 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 Government, 
or, in the case of a computer not exclusively for 
such use, used by or for a financial institution 
or the United States Government and the con-
duct constituting the offense affects that use by 
or for the financial institution or the Govern-
ment; or 
‘‘(B) which is used in interstate or foreign 
commerce or communication, including a com-
puter located outside the United States that is 
used in a manner that affects interstate or for-
eign commerce or communication of the United 
States; 
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‘‘(3) the term ‘financial institution’ has mean-
ing given the term in section 1, except that such 
term— 
‘‘(A) includes— 
‘‘(i) a broker or dealer registered with 
the Securities and Exchange Commission 
pursuant to section 15 of the Securities 
Exchange Act of 1934; and 
‘‘(ii) the Securities Investor Protection 
Corporation; and 
‘‘(B) does not include— 
‘‘(i) a small business investment com-
pany (as defined in section 103 of the 
Small Business Investment Act of 1958); 
or 
‘‘(ii) a depository institution holding 
company (as defined in section 3(w)(1) of 
the Federal Deposit Insurance Act). 
‘‘(4) the term ‘financial record’ means informa-
tion derived from any record held by a financial in-
stitution pertaining to a customer’s relationship with 
the financial institution; 
‘‘(5) the term ‘exceeds authorized access’ means 
to access a computer with authorization and to use 
such access to obtain or alter information in the 
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608 
computer that the accesser is not entitled so to ob-
tain or alter; 
‘‘(6) the term ‘department of the United States’ 
means the legislative or judicial branch of the Gov-
ernment or one of the executive departments enu-
merated in section 101 of title 5; 
‘‘(7) the term ‘damage’ means any impairment 
to the integrity or availability of data, a program, a 
system, or information; 
‘‘(8) the term ‘government entity’ includes the 
Government of the United States, any State or polit-
ical subdivision of the United States, any foreign 
country, and any state, province, municipality, or 
other political subdivision of a foreign country; 
‘‘(9) the term ‘conviction’ shall include a convic-
tion under the law of any State for a crime punish-
able by imprisonment for more than 1 year, an ele-
ment of which is unauthorized access, or exceeding 
authorized access, to a computer; and 
‘‘(10) the term ‘loss’ means any reasonable cost 
to any victim, including the cost of responding to an 
offense, conducting a damage assessment, and re-
storing the data, program, system, or information to 
its condition prior to the offense, and any revenue 
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609 
lost, cost incurred, or other consequential damages 
incurred because of interruption of service. 
‘‘(e) EXCLUSION.—This section does not prohibit any 
lawfully authorized investigative, protective, or intelligence 
activity of a law enforcement agency of the United States, 
a State, or a political subdivision of a State, or of an intel-
ligence agency of the United States. 
‘‘(f) CIVIL ACTION.—Whoever suffers damage or loss 
by reason of a violation of this section may maintain a 
civil action against the violator to obtain compensatory 
damages and injunctive relief or other equitable relief. 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 subclause (I), (II), (III), (IV), or (V) of subsection 
(b)(4)(A)(i). Damages for a violation involving only con-
duct described in subsection (b)(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 dis-
covery of the damage. No action may be brought under 
this subsection for the negligent design or manufacture 
of computer hardware, computer software, or firmware. 
‘‘§ 788. Major fraud against the United States 
‘‘(a) OFFENSE.—Whoever knowingly executes, or at-
tempts to execute, any scheme or artifice with the intent— 
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‘‘(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, guar-
antee, insurance, or other form of Federal assistance, in-
cluding through the Troubled Asset Relief Program, an 
economic stimulus, recovery or rescue plan provided by the 
Government, or the Government’s purchase of any trou-
bled asset as defined in the Emergency Economic Sta-
bilization Act of 2008, or in any procurement of property 
or services as a prime contractor with the United States 
or as a subcontractor or supplier on a contract in which 
there is a prime contract with the United States, if the 
value of such grant, contract, subcontract, subsidy, loan, 
guarantee, insurance, or other form of Federal assistance 
, or any constituent part thereof, is $1,000,000 or more 
shall, subject to the applicability of subsection (c) of this 
section, be imprisoned not more than 10 years. 
‘‘(b) INCREASED FINE.—The fine imposed for an of-
fense under this section may exceed the maximum other-
wise provided by law, if such fine does not exceed 
$5,000,000 and— 
‘‘(1) the gross loss to the Government or the 
gross gain to a defendant is $500,000 or greater; or 
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‘‘(2) the offense involves a conscious or reckless 
risk of serious personal injury. 
‘‘(c) INCREASED FINE ON MULTIPLE COUNTS.—The 
maximum fine imposed upon a defendant for a prosecution 
including a prosecution with multiple counts under this 
section shall not exceed $10,000,000. 
‘‘(d) DISCLAIMER.—Nothing in this section shall pre-
clude a court from imposing any other sentences available 
under this title, including a fine up to twice the amount 
of the gross loss or gross gain involved in the offense pur-
suant to section 3571(d). 
‘‘(e) LIMITATION.—A prosecution of an offense under 
this section may be commenced any time not later than 
7 years after the offense is committed, plus any additional 
time otherwise allowed by law. 
‘‘(f) WHISTLEBLOWER.—Any individual who— 
‘‘(1) is discharged, demoted, suspended, threat-
ened, harassed, or in any other manner discrimi-
nated against in the terms and conditions of employ-
ment by an employer because of lawful acts done by 
the employee on behalf of the employee or others in 
furtherance of a prosecution under this section (in-
cluding investigation for, initiation of, testimony for, 
or assistance in such prosecution), and 
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‘‘(2) was not a participant in the unlawful ac-
tivity that is the subject of such prosecution; 
may, in a civil action, obtain all relief necessary to make 
such individual whole. Such relief shall include reinstate-
ment with the same seniority status such individual would 
have had but for the discrimination, 2 times the amount 
of back pay, interest on the back pay, and compensation 
for any special damages sustained as a result of the dis-
crimination, including litigation costs and reasonable at-
torney’s fees. 
‘‘§ 789. Concealment of assets from conservator, re-
ceiver, or liquidating agent 
‘‘Whoever— 
‘‘(1) knowingly conceals an asset or property 
from the Federal Deposit Insurance Corporation, 
acting as conservator or receiver or in the Corpora-
tion’s corporate capacity with respect to any asset 
acquired or liability assumed by the Corporation 
under section 11, 12, or 13 of the Federal Deposit 
Insurance Act, any conservator appointed by the 
Comptroller of the Currency, the Federal Deposit 
Insurance Corporation acting as receiver for a cov-
ered financial company, in accordance with title II 
of the Dodd-Frank Wall Street Reform and Con-
sumer Protection Act, or the National Credit Union 
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Administration Board, acting as conservator or liqui-
dating agent; 
‘‘(2) corruptly impedes the functions of such 
Corporation, Board, or conservator; or 
‘‘(3) corruptly places an asset or property be-
yond the reach of such Corporation, Board, or con-
servator, 
shall be imprisoned not more than 5 years. 
‘‘§ 790. Crimes by or affecting persons engaged in the 
business of insurance whose activities af-
fect interstate commerce 
‘‘(a) FALSE STATEMENT OFFENSE.—(1) Whoever is 
engaged in the business of insurance whose activities af-
fect interstate commerce and knowingly, with the intent 
to deceive, makes any false material statement or report 
or knowingly and materially overvalues any land, property 
or security— 
‘‘(A) in connection with any financial reports or 
documents presented to any insurance regulatory of-
ficial or agency or an agent or examiner appointed 
by such official or agency to examine the affairs of 
such person, and 
‘‘(B) for the purpose of influencing the actions 
of such official or agency or such an appointed agent 
or examiner, 
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shall be punished as provided in paragraph (2). 
‘‘(2) The punishment for an offense under paragraph 
(1) is a fine as established under this title or imprison-
ment for not more than 10 years, or both, except that 
the term of imprisonment shall be not more than 15 years 
if the statement or report or overvaluing of land, property, 
or security jeopardized the safety and soundness of an in-
surer and was a significant cause of such insurer being 
placed in conservation, rehabilitation, or liquidation by an 
appropriate court. 
‘‘(b) EMBEZZLEMENT AND SIMILAR CONDUCT.—(1) 
Whoever— 
‘‘(A) acting as, or being an officer, director, 
agent, or employee of, any person engaged in the 
business of insurance whose activities affect inter-
state commerce, or 
‘‘(B) is engaged in the business of insurance 
whose activities affect interstate commerce or is in-
volved (other than as an insured or beneficiary 
under a policy of insurance) in a transaction relating 
to the conduct of affairs of such a business, 
knowingly embezzles, abstracts, purloins, or misappro-
priates any of the moneys, funds, premiums, credits, or 
other property of such person so engaged shall be pun-
ished as provided in paragraph (2). 
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‘‘(2) The punishment for an offense under paragraph 
(1) is a fine as provided under this title or imprisonment 
for not more than 10 years, or both, except that if such 
embezzlement, abstraction, purloining, or misappropria-
tion described in paragraph (1) jeopardized the safety and 
soundness of an insurer and was a significant cause of 
such insurer being placed in conservation, rehabilitation, 
or liquidation by an appropriate court, such imprisonment 
shall be not more than 15 years. If the amount or value 
so embezzled, abstracted, purloined, or misappropriated 
does not exceed $5,000, whoever violates paragraph (1) 
shall be imprisoned not more than one year. 
‘‘(c) FALSE ENTRIES.—(1) Whoever is engaged in 
the business of insurance and whose activities affect inter-
state commerce or is involved (other than as an insured 
or beneficiary under a policy of insurance) in a transaction 
relating to the conduct of affairs of such a business, know-
ingly makes any false entry of material fact in any book, 
report, or statement of such person engaged in the busi-
ness of insurance with intent to deceive any person, includ-
ing any officer, employee, or agent of such person engaged 
in the business of insurance, any insurance regulatory offi-
cial or agency, or any agent or examiner appointed by such 
official or agency to examine the affairs of such person, 
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616 
about the financial condition or solvency of such business 
shall be punished as provided in paragraph (2). 
‘‘(2) The punishment for an offense under paragraph 
(1) is a fine as provided under this title or imprisonment 
for not more than 10 years, or both, except that if the 
false entry in any book, report, or statement of such per-
son jeopardized the safety and soundness of an insurer 
and was a significant cause of such insurer being placed 
in conservation, rehabilitation, or liquidation by an appro-
priate court, such imprisonment shall be not more than 
15 years. 
‘‘(d) OBSTRUCTION.—Whoever, by threats or force or 
by any threatening letter or communication, corruptly in-
fluences, obstructs, or impedes or endeavors corruptly to 
influence, obstruct, or impede the due and proper adminis-
tration of the law under which any proceeding involving 
the business of insurance whose activities affect interstate 
commerce is pending before any insurance regulatory offi-
cial or agency or any agent or examiner appointed by such 
official or agency to examine the affairs of a person en-
gaged in the business of insurance whose activities affect 
interstate commerce, shall be imprisoned not more than 
10 years. 
‘‘(e) DISQUALIFICATION
FOR
INSURANCE
BUSI-
NESS.—(1)(A) Any individual who has been convicted of 
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617 
any criminal felony involving dishonesty or a breach of 
trust, or who has been convicted of an offense under this 
section, and who knowingly engages in the business of in-
surance whose activities affect interstate commerce or par-
ticipates in such business, shall be imprisoned not more 
than 5 years. 
‘‘(B) Any individual who is engaged in the business 
of insurance whose activities affect interstate commerce 
and who knowingly permits the participation described in 
subparagraph (A) shall be imprisoned not more than 5 
years. 
‘‘(2) A person described in paragraph (1)(A) may en-
gage in the business of insurance or participate in such 
business if such person has the written consent of any in-
surance regulatory official authorized to regulate the in-
surer, which consent specifically refers to this subsection. 
‘‘(f) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘business of insurance’ means— 
‘‘(A) the writing of insurance, or 
‘‘(B) the reinsuring of risks, 
by an insurer, including all acts necessary or inci-
dental to such writing or reinsuring and the activi-
ties of persons who act as, or are, officers, directors, 
agents, or employees of insurers or who are other 
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persons authorized to act on behalf of such persons; 
and 
‘‘(2) the term ‘insurer’ means any entity the 
business activity of which is the writing of insurance 
or the reinsuring of risks, and includes any person 
who acts as, or is, an officer, director, agent, or em-
ployee of that business. 
‘‘§ 791. Civil penalties and injunctions for violations 
of Section 790 
‘‘(a) CIVIL PENALTY.—The Attorney General may 
bring a civil action in the appropriate United States dis-
trict court against any person who engages in conduct con-
stituting an offense under section 790 and, upon proof of 
such conduct by a preponderance of the evidence, such 
person shall be subject to a civil penalty of not more than 
$50,000 for each violation or the amount of compensation 
which the person received or offered for the prohibited 
conduct, whichever amount is greater. If the offense has 
contributed to the decision of a court of appropriate juris-
diction to issue an order directing the conservation, reha-
bilitation, or liquidation of an insurer, such penalty shall 
be remitted to the appropriate regulatory official for the 
benefit of the policyholders, claimants, and creditors of 
such insurer. The imposition of a civil penalty under this 
subsection does not preclude any other criminal or civil 
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statutory, common law, or administrative remedy, which 
is available by law to the United States or any other per-
son. 
‘‘(b) ORDER PROHIBITING.—If the Attorney General 
has reason to believe that a person is engaged in conduct 
constituting an offense under section 790, the Attorney 
General may petition an appropriate United States district 
court for an order prohibiting that person from engaging 
in such conduct. The court may issue an order prohibiting 
that person from engaging in such conduct if the court 
finds that the conduct constitutes such an offense. The 
filing of a petition under this section does not preclude 
any other remedy which is available by law to the United 
States or any other person. 
‘‘§ 792. False statements relating to health care mat-
ters 
‘‘Whoever, in any matter involving a health care ben-
efit program, knowingly— 
‘‘(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 con-
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