592 
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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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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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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‘‘(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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‘‘(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) 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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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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‘‘(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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‘‘(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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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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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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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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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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‘‘(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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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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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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‘‘(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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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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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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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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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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nection with the delivery of or payment for health 
care benefits, items, or services, 
shall be imprisoned not more than 5 years. 
‘‘§ 793. Entry by false pretenses to any real property, 
vessel, or aircraft of the United States or 
secure area of any airport or seaport 
‘‘(a) OFFENSE.—Whoever, by any fraud or false pre-
tense, enters— 
‘‘(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 security 
plan, as required under section 70103 of title 46 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). 
‘‘(b) PUNISHMENT.—The punishment for an offense 
under subsection (a) is— 
‘‘(1) imprisonment for not more than 10 years, 
if the offense is committed with the intent to commit 
a felony; or 
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‘‘(2) imprisonment for not more than 6 months, 
in any other case. 
‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘secure area’ means an area ac-
cess to which is restricted by the airport authority, 
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. 
‘‘§ 794. Fraud and related activity in connection with 
electronic mail 
‘‘(a) IN GENERAL.—Whoever, in or affecting inter-
state or foreign commerce, knowingly— 
‘‘(1) accesses a protected computer without au-
thorization, and intentionally initiates the trans-
mission of multiple commercial electronic mail mes-
sages from or through such computer, 
‘‘(2) uses a protected computer to relay or re-
transmit multiple commercial electronic mail mes-
sages, with the intent to deceive or mislead recipi-
ents, or any Internet access service, as to the origin 
of such messages, 
‘‘(3) materially falsifies header information in 
multiple commercial electronic mail messages and in-
tentionally initiates the transmission of such mes-
sages, 
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‘‘(4) registers, using information that materially 
falsifies the identity of the actual registrant, for five 
or more electronic mail accounts or online user ac-
counts or two or more domain names, and inten-
tionally initiates the transmission of multiple com-
mercial electronic mail messages from any combina-
tion 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 Protocol addresses, 
and intentionally initiates the transmission of mul-
tiple commercial electronic mail messages from such 
addresses, 
shall be punished as provided in paragraph (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 
convicted under this section or section 787, or 
under the law of any State for conduct involv-
ing the transmission of multiple commercial 
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electronic mail messages or unauthorized access 
to a computer system; 
‘‘(2) a fine under this title, imprisonment for 
not more than 3 years, or both, if— 
‘‘(A) the offense is an offense under sub-
section (a)(1); 
‘‘(B) the offense is an offense under sub-
section (a)(4) and involved 20 or more falsified 
electronic mail or online user account registra-
tions, or 10 or more falsified domain name reg-
istrations; 
‘‘(C) the volume of electronic mail mes-
sages transmitted in furtherance of the offense 
exceeded 2,500 during any 24-hour period, 
25,000 during any 30-day period, or 250,000 
during any 1-year period; 
‘‘(D) the offense caused loss to one or 
more persons aggregating $5,000 or more in 
value during any 1-year period; 
‘‘(E) as a result of the offense any indi-
vidual committing the offense obtained anything 
of value aggregating $5,000 or more during any 
1-year period; or 
‘‘(F) the offense was undertaken by the de-
fendant in concert with three or more other 
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persons with respect to whom the defendant oc-
cupied a position of organizer or leader; and 
‘‘(3) a fine under this title or imprisonment for 
not more than 1 year, or both, in any other case. 
‘‘(c) DEFINITIONS.—For the purposes of this sec-
tion— 
‘‘(1) the term ‘loss’ has the meaning given that 
term in section 787(d); 
‘‘(2) for purposes of paragraphs (3) and (4) of 
subsection (a), header information or registration in-
formation is materially falsified if it is altered or 
concealed in a manner that would impair the ability 
of a recipient of the message, an Internet access 
service processing the message on behalf of a recipi-
ent, a person alleging a violation of this section, or 
a law enforcement agency to identify, locate, or re-
spond to a person who initiated the electronic mail 
message or to investigate the alleged violation; 
‘‘(3) the term ‘multiple’ means more than 100 
electronic mail messages during a 24-hour period, 
more than 1,000 electronic mail messages during a 
30-day period, or more than 10,000 electronic mail 
messages during a 1-year period; and 
‘‘(4) any other term has the meaning given that 
term by section 3 of the CAN–SPAM Act of 2003. 
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‘‘§ 795. False information and hoaxes 
‘‘(a) CRIMINAL VIOLATION.— 
‘‘(1) IN
GENERAL.—Whoever engages in any 
conduct with intent to convey false or misleading in-
formation under circumstances where such informa-
tion may reasonably be believed and where such in-
formation indicates that an activity has taken, is 
taking, or will take place that would constitute a vio-
lation of subchapter A or D of chapter 33, sub-
chapter B of chapter 15, or subchapter B, D, E, or 
F of chapter 21 of this title, section 236 of the 
Atomic Energy Act of 1954, or section 46502, the 
second 
sentence 
of 
section 
46504, 
section 
46505(b)(3) or (c), section 46506 if homicide or at-
tempted homicide is involved, or section 60123(b) of 
title 49, shall— 
‘‘(A) be imprisoned not more than 5 years; 
‘‘(B) if serious bodily injury results, be im-
prisoned not more than 20 years; and 
‘‘(C) if death results, be imprisoned for 
any number of years up to life. 
‘‘(2) ARMED FORCES.—Whoever makes a false 
statement, with intent to convey false or misleading 
information, about the death, injury, capture, or dis-
appearance of a member of the Armed Forces of the 
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United States during a war or armed conflict in 
which the United States is engaged— 
‘‘(A) shall be imprisoned not more than 5 
years; 
‘‘(B) if serious bodily injury results, shall 
be imprisoned not more than 20 years; and 
‘‘(C) if death results, shall be imprisoned 
for any number of years or for life. 
‘‘(b) CIVIL ACTION.—Whoever engages in any con-
duct with intent to convey false or misleading information 
under circumstances where such information may reason-
ably be believed and where such information indicates that 
an activity has taken, is taking, or will take place that 
would constitute a violation of subchapter A or D of chap-
ter 33, subchapter B of chapter 15, or subchapter B, D, 
E, or F of chapter 21 of this title, section 236 of the 
Atomic Energy Act of 1954, or section 46502, the second 
sentence of section 46504, section 46505(b)(3) or (c), sec-
tion 46506 if homicide or attempted homicide is involved, 
or section 60123(b) of title 49 is liable in a civil action 
to any party incurring expenses incident to any emergency 
or investigative response to that conduct, for those ex-
penses. 
‘‘(c) REIMBURSEMENT.— 
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‘‘(1) IN GENERAL.—The court, in imposing a 
sentence on a defendant who has been convicted of 
an offense under subsection (a), shall order the de-
fendant to reimburse any state or local government, 
or private not-for-profit organization that provides 
fire or rescue service incurring expenses incident to 
any emergency or investigative response to that con-
duct, for those expenses. 
‘‘(2) LIABILITY.—A person ordered to make re-
imbursement under this subsection shall be jointly 
and severally liable for such expenses with each 
other person, if any, who is ordered to make reim-
bursement under this subsection for the same ex-
penses. 
‘‘(3) CIVIL
JUDGMENT.—An order of reim-
bursement under this subsection shall, for the pur-
poses of enforcement, be treated as a civil judgment. 
‘‘(d) ACTIVITIES OF LAW ENFORCEMENT.—This sec-
tion does not prohibit any lawfully authorized investiga-
tive, protective, or intelligence activity of a law enforce-
ment agency of the United States, a State, or political sub-
division of a State, or of an intelligence agency of the 
United States. 
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‘‘§ 796. Fraud and related activity in connection with 
obtaining confidential phone records in-
formation of a covered entity 
‘‘(a) CRIMINAL VIOLATION.—Whoever, in interstate 
or foreign commerce, knowingly and intentionally obtains, 
or attempts to obtain, confidential phone records informa-
tion of a covered entity, by— 
‘‘(1) making false or fraudulent statements or 
representations to an employee of a covered entity; 
‘‘(2) making such false or fraudulent state-
ments or representations to a customer of a covered 
entity; 
‘‘(3) providing a document to a covered entity 
knowing that such document is false or fraudulent; 
or 
‘‘(4) accessing customer accounts of a covered 
entity via the Internet, or by means of conduct that 
violates section 787, without prior authorization 
from the customer to whom such confidential phone 
records information relates; 
shall be imprisoned for not more than 10 years. 
‘‘(b) PROHIBITION ON SALE OR TRANSFER OF CON-
FIDENTIAL PHONE RECORDS INFORMATION.— 
‘‘(1) Except as otherwise permitted by applica-
ble law, whoever, in interstate or foreign commerce, 
knowingly and intentionally sells or transfers, or at-
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tempts to sell or transfer, confidential phone records 
information of a covered entity, without prior au-
thorization from the customer to whom such con-
fidential phone records information relates, or know-
ing or having reason to know such information was 
obtained fraudulently, shall be imprisoned not more 
than 10 years. 
‘‘(2) For purposes of this subsection, the excep-
tions specified in section 222(d) of the Communica-
tions Act of 1934 apply for the use of confidential 
phone records information by any covered entity, as 
defined in subsection (h). 
‘‘(c) PROHIBITION ON PURCHASE OR RECEIPT OF 
CONFIDENTIAL PHONE RECORDS INFORMATION.— 
‘‘(1) Except as otherwise permitted by applica-
ble law, whoever, in interstate or foreign commerce, 
knowingly and intentionally purchases or receives, or 
attempts to purchase or receive, confidential phone 
records information of a covered entity, without 
prior authorization from the customer to whom such 
confidential phone records information relates, or 
knowing or having reason to know such information 
was obtained fraudulently, shall be imprisoned not 
more than 10 years. 
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‘‘(2) For purposes of this subsection, the excep-
tions specified in section 222(d) of the Communica-
tions Act of 1934 apply for the use of confidential 
phone records information by any covered entity, as 
defined in subsection (h). 
‘‘(d) ENHANCED
PENALTIES
FOR
AGGRAVATED 
CASES.—Whoever violates, or attempts to violate, sub-
section (a), (b), or (c) while violating another law of the 
United States or as part of a pattern of any illegal activity 
involving more than $100,000, or more than 50 customers 
of a covered entity, in a 12-month period shall, in addition 
to the penalties provided for in such subsection, be impris-
oned for not more than 5 years. 
‘‘(e) ENHANCED PENALTIES FOR USE OF INFORMA-
TION
IN FURTHERANCE
OF CERTAIN CRIMINAL OF-
FENSES.— 
‘‘(1) Whoever, violates, or attempts to violate, 
subsection (a), (b), or (c) knowing that such infor-
mation may be used in furtherance of, or with the 
intent to commit, an offense described in section 161 
or any other crime of violence shall, in addition to 
the penalties provided for in such subsection, be im-
prisoned not more than 5 years. 
‘‘(2) Whoever, violates, or attempts to violate, 
subsection (a), (b), or (c) knowing that such infor-
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mation may be used in furtherance of, or with the 
intent to commit, an offense under section 102, 112, 
131, 1132, 1137, or 1138, or to intimidate, threat-
en, harass, injure, or kill any Federal, State, or local 
law enforcement officer shall, in addition to the pen-
alties provided for in such subsection, be and impris-
oned not more than 5 years. 
‘‘(f) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial jurisdiction over an offense under this sec-
tion. 
‘‘(g) NONAPPLICABILITY
TO LAW ENFORCEMENT 
AGENCIES.—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 political subdivision of a State, or of an intelligence 
agency of the United States. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) CONFIDENTIAL PHONE RECORDS INFOR-
MATION.—The term ‘confidential phone records in-
formation’ means information that— 
‘‘(A) relates to the quantity, technical con-
figuration, 
type, 
destination, 
location, 
or 
amount of use of a service offered by a covered 
entity, subscribed to by any customer of that 
covered entity, and kept by or on behalf of that 
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covered entity solely by virtue of the relation-
ship between that covered entity and the cus-
tomer; 
‘‘(B) is made available to a covered entity 
by a customer solely by virtue of the relation-
ship between that covered entity and the cus-
tomer; or 
‘‘(C) is contained in any bill, itemization, 
or account statement provided to a customer by 
or on behalf of a covered entity solely by virtue 
of the relationship between that covered entity 
and the customer. 
‘‘(2) COVERED ENTITY.—The term ‘covered en-
tity’— 
‘‘(A) has the same meaning given the term 
‘telecommunications carrier’ in section 3 of the 
Communications Act of 1934; and 
‘‘(B) includes any provider of IP-enabled 
voice service. 
‘‘(3) CUSTOMER.—The term ‘customer’ means, 
with respect to a covered entity, any individual, part-
nership, association, joint stock company, trust, or 
corporation, or authorized representative of such 
customer, to whom the covered entity provides a 
product or service. 
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‘‘(4) IP-ENABLED VOICE SERVICE.—The term 
‘IP-enabled voice service’ means the provision of 
real-time voice communications offered to the public, 
or such class of users as to be effectively available 
to the public, transmitted through customer prem-
ises equipment using TCP/IP protocol, or a suc-
cessor protocol, (whether part of a bundle of services 
or separately) with interconnection capability such 
that the service can originate traffic to, or terminate 
traffic from, the public switched telephone network, 
or a successor network. 
‘‘SUBCHAPTER B—MAIL FRAUD 
‘‘801. Frauds and swindles. 
‘‘802. Fictitious name or address. 
‘‘803. Fraud by wire, radio, or television. 
‘‘804. Bank fraud. 
‘‘805. Definition of ‘scheme or artifice to defraud’. 
‘‘806. Health care fraud. 
‘‘807. Securities and commodities fraud. 
‘‘808. Failure of corporate officers to certify financial reports. 
‘‘§ 801. Frauds and swindles 
‘‘Whoever, having devised or intending to devise any 
scheme or artifice to defraud, or for obtaining money or 
property by means of false or fraudulent pretenses, rep-
resentations, or promises, or to sell, dispose of, loan, ex-
change, alter, give away, distribute, supply, or furnish or 
procure for unlawful use any counterfeit or spurious coin, 
obligation, security, or other article, or anything rep-
resented to be or intimated or held out to be such counter-
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feit or spurious article, for the purpose of executing such 
scheme or artifice or attempting so to do, places in any 
post office or authorized depository for mail matter, any 
matter or thing whatever to be sent or delivered by the 
Postal Service, or deposits or causes to be deposited any 
matter or thing whatever to be sent or delivered by any 
private or commercial interstate carrier, or takes or re-
ceives therefrom, any such matter or thing, or knowingly 
causes to be delivered by mail or such carrier according 
to the direction thereon, or at the place at which it is di-
rected to be delivered by the person to whom it is ad-
dressed, any such matter or thing, shall be imprisoned not 
more than 20 years. If the violation occurs in relation to, 
or involving any benefit authorized, transported, trans-
mitted, transferred, disbursed, or paid in connection with, 
a presidentially declared major disaster or emergency (as 
those terms are defined in section 102 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act), 
or affects a financial institution, such person shall be im-
prisoned not more than 30 years. 
‘‘§ 802. Fictitious name or address 
‘‘Whoever, for the purpose of conducting, promoting, 
or carrying on by means of the Postal Service, any scheme 
or device mentioned in section 801 or any other unlawful 
business, uses or assumes, or requests to be addressed by, 
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any fictitious, false, or assumed title, name, or address 
or name other than his own proper name, or takes or re-
ceives from any post office or authorized depository of 
mail matter, any letter, postal card, package, or other mail 
matter addressed to any such fictitious, false, or assumed 
title, name, or address, or name other than his or her own 
proper name, shall be imprisoned not more than five years. 
‘‘§ 803. Fraud by wire, radio, or television 
‘‘Whoever, having devised or intending to devise any 
scheme or artifice to defraud, or for obtaining money or 
property by means of false or fraudulent pretenses, rep-
resentations, or promises, transmits or causes to be trans-
mitted by means of wire, radio, or television communica-
tion in interstate or foreign commerce, any writings, signs, 
signals, pictures, or sounds for the purpose of executing 
such scheme or artifice, shall be imprisoned not more than 
20 years. If the violation occurs in relation to, or involving 
any benefit authorized, transported, transmitted, trans-
ferred, disbursed, or paid in connection with, a presi-
dentially declared major disaster or emergency (as those 
terms are defined in section 102 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act), or affects 
a financial institution, such person shall be imprisoned not 
more than 30 years. 
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‘‘§ 804. Bank fraud 
‘‘Whoever knowingly executes, a scheme or artifice— 
‘‘(1) to defraud a financial institution; or 
‘‘(2) to obtain any of the moneys, funds, cred-
its, assets, securities, or other property owned by, or 
under the custody or control of, a financial institu-
tion, by means of false or fraudulent pretenses, rep-
resentations, or promises; 
shall be imprisoned not more than 30 years. 
‘‘§ 805. Definition of ‘scheme or artifice to defraud’ 
‘‘For the purposes of this subchapter, the term 
‘scheme or artifice to defraud’ includes a scheme or arti-
fice to deprive another of the intangible right of honest 
services. 
‘‘§ 806. Health care fraud 
‘‘Whoever knowingly executes a scheme or artifice— 
‘‘(1) to defraud any health care benefit pro-
gram; or 
‘‘(2) to obtain, by means of false or fraudulent 
pretenses, representations, or promises, any of the 
money or property owned by, or under the custody 
or control of, any health care benefit program, 
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 10 years, or both. If 
the violation results in serious bodily injury, such person 
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shall be imprisoned not more than 20 years, and if the 
violation results in death, such person shall be imprisoned 
for any term of years or for life. 
‘‘§ 807. Securities and commodities fraud 
‘‘Whoever knowingly executes a scheme or artifice— 
‘‘(1) to defraud any person in connection with 
any commodity for future delivery, or any option on 
a commodity for future delivery, or any security of 
an issuer with a class of securities registered under 
section 12 of the Securities Exchange Act of 1934 
or that is required to file reports under section 15(d) 
of the Securities Exchange Act of 1934; or 
‘‘(2) to obtain, by means of false or fraudulent 
pretenses, representations, or promises, any money 
or property in connection with the purchase or sale 
of any commodity for future delivery, or any option 
on a commodity for future delivery, or any security 
of an issuer with a class of securities registered 
under section 12 of the Securities Exchange Act of 
1934 or that is required to file reports under section 
15(d) of the Securities Exchange Act of 1934; 
shall be imprisoned not more than 25 years. 
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‘‘§ 808. Failure of corporate officers to certify finan-
cial reports 
‘‘(a) CERTIFICATION OF PERIODIC FINANCIAL RE-
PORTS.—Each periodic report containig financial state-
ments filed by an issuer with the Securities Exchange 
Commission pursuant to section 13(a) or 15(d) of the Se-
curities Exchange Act of 1934 shall be accompanied by 
a written statement by the chief executive officer and chief 
financial officer (or equivalent thereof) of the issuer. 
‘‘(b) CONTENT.—The statement required under sub-
section (a) shall certify that the periodic report containing 
the financial statements fully complies with the require-
ments of section 13(a) or 15(d) of the Securities Exchange 
Act of 1934 and that information contained in the periodic 
report fairly presents, in all material respects, the finan-
cial condition and results of operations of the issuer. 
‘‘(c) CRIMINAL PENALTIES.—Whoever knowingly— 
‘‘(1) certifies any statement as set forth in sub-
sections (a) and (b) knowing that the periodic report 
accompanying the statement does not comport with 
all the requirements set forth in this section shall be 
imprisoned not more than 10 years; or 
‘‘(2) certifies any statement as set forth in sub-
sections (a) and (b) knowing that the periodic report 
accompanying the statement does not comport with 
all the requirements set forth in this section, 
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shall be imprisoned not more than 20 years. 
‘‘CHAPTER 27—CRIMES RELATED TO FED-
ERAL 
GOVERNMENT 
RESPONSIBIL-
ITIES 
‘‘Subchapter 
‘‘A. Coins and currency 
‘‘B. Customs 
‘‘C. Indians 
‘‘D. Bankruptcy 
‘‘E. Civil rights 
‘‘F. Foreign relations 
‘‘G. Postal service 
‘‘H. Special maritime and territorial jurisdiction of the United States 
‘‘SUBCHAPTER A—COINS AND CURRENCY 
‘‘851. Mutilation, diminution, and falsification of coins. 
‘‘852. Mutilation of national bank obligations. 
‘‘§ 851. Mutilation, diminution, and falsification of 
coins 
‘‘Whoever— 
‘‘(1) fraudulently alters, defaces, mutilates, im-
pairs, diminishes, falsifies, scales, or lightens any of 
the coins coined at the mints of the United States, 
or any foreign coins which are by law made current 
or are in actual use or circulation as money within 
the United States; or 
‘‘(2) fraudulently possesses, passes, utters, pub-
lishes, or sells, or attempts to pass, utter, publish, 
or sell, or brings into the United States, any such 
coin, knowing the same to be altered, defaced, muti-
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lated, impaired, diminished, falsified, scaled, or 
lightened; 
shall be imprisoned not more than five years. 
‘‘§ 852. Mutilation of national bank obligations 
‘‘Whoever mutilates, cuts, defaces, disfigures, or per-
forates, or unites or cements together, or does any other 
thing to any bank bill, draft, note, or other evidence of 
debt issued by any national banking association, or Fed-
eral Reserve bank, or the Federal Reserve System, with 
intent to render such bank bill, draft, note, or other evi-
dence of debt unfit to be reissued, shall be imprisoned not 
more than six months. 
‘‘SUBCHAPTER B—CUSTOMS 
‘‘861. Entry of goods falsely classified. 
‘‘862. Entry of goods by means of false statements. 
‘‘863. Smuggling goods into the United States. 
‘‘864. Smuggling goods into foreign countries. 
‘‘865. Removing goods from Customs custody; breaking seals. 
‘‘866. Importation or exportation of stolen motor vehicles, off-highway mobile 
equipment, vessels, or aircraft. 
‘‘867. Smuggling goods from the United States. 
‘‘868. Border tunnels and passages. 
‘‘§ 861. Entry of goods falsely classified 
‘‘Whoever knowingly effects any entry of goods, 
wares, or merchandise, at less than the true weight or 
measure thereof, or upon a false classification as to quality 
or value, or by the payment of less than the amount of 
duty legally due, shall be imprisoned not more than two 
years. 
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‘‘§ 862. Entry of goods by means of false statements 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) enters or introduces, or attempts to enter 
or introduce, into the commerce of the United States 
any imported merchandise by means of any fraudu-
lent or false invoice, declaration, affidavit, letter, 
paper, or by means of any false statement, written 
or verbal, or by means of any false or fraudulent 
practice or appliance, or makes any false statement 
in any declaration without reasonable cause to be-
lieve the truth of such statement, or procures the 
making of any such false statement as to any matter 
material thereto without reasonable cause to believe 
the truth of such statement, whether or not the 
United States shall or may be deprived of any lawful 
duties; or 
‘‘(2) knowingly engages in an act or omission 
whereby the United States is or may be deprived of 
any lawful duties accruing upon merchandise em-
braced or referred to in such invoice, declaration, af-
fidavit, letter, paper, or statement, or affected by 
such act or omission; 
shall be imprisoned not more than two years. 
‘‘(b) DEFINITION.—As used in this section, the term 
‘commerce of the United States’ does not include com-
merce with Virgin Islands, American Samoa, Wake Island, 
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Midway Islands, Kingman Reef, Johnston Island, or 
Guam. 
‘‘§ 863. Smuggling goods into the United States 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) knowingly and with intent to defraud the 
United States, smuggles, or clandestinely introduces 
or attempts to smuggle or clandestinely introduce 
into the United States any merchandise which 
should have been invoiced, or makes out or passes, 
or attempts to pass, through the customhouse any 
false, forged, or fraudulent invoice, or other docu-
ment or paper; or 
‘‘(2) fraudulently or knowingly imports or 
brings into the United States, any merchandise con-
trary to law, or receives, conceals, buys, sells, or in 
any manner facilitates the transportation, conceal-
ment, or sale of such merchandise after importation, 
knowing the same to have been imported or brought 
into the United States contrary to law; 
shall be imprisoned not more than 20 years. 
‘‘(b) FORFEITURE.—Merchandise introduced into the 
United States in violation of this section, or the value 
thereof, to be recovered from any person described in sub-
section (a), shall be forfeited to the United States. 
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‘‘(c) DEFINITION.—The term ‘United States’, as 
used in this section, does not include Virgin Islands, 
American Samoa, Wake Island, Midway Islands, Kingman 
Reef, Johnston Island, or Guam. 
‘‘§ 864. Smuggling goods into foreign countries 
‘‘(a) OFFENSE.—Whoever, owning in whole or in part 
any vessel of the United States, employs, or participates 
in, or allows the employment of, such vessel for the pur-
pose of smuggling, or attempting to smuggle, or assisting 
in smuggling, any merchandise into the territory of any 
foreign government in violation of the laws there in force, 
if under the laws of such foreign government any penalty 
or forfeiture is provided for violation of the laws of the 
United States respecting the customs revenue, and any 
citizen of, or person domiciled in, or any corporation incor-
porated in, the United States, controlling or substantially 
participating in the control of any such vessel, directly or 
indirectly, whether through ownership of corporate shares 
or otherwise, and allowing the employment of said vessel 
for any such purpose, and any person found, or discovered 
to have been, on board of any such vessel so employed 
and participating or assisting in any such purpose, shall 
be imprisoned not more than two years. 
‘‘(b) HIRING OR CHARTERING OF VESSELS.—It shall 
constitute an offense under this section to hire out or 
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charter a vessel if the lessor or charterer has knowledge 
or reasonable grounds for belief that the lessee or person 
chartering the vessel intends to employ such vessel for any 
of the purposes described in this section and if such vessel 
is, during the time such lease or charter is in effect, em-
ployed for any such purpose. 
‘‘§ 865. Removing goods from Customs custody; break-
ing seals 
‘‘Whoever knowingly— 
‘‘(1) without authority, affixes or attaches a 
customs seal, fastening, or mark, or any seal, fas-
tening, or mark purporting to be a customs seal, fas-
tening, or mark to any vessel, vehicle, warehouse, or 
package; 
‘‘(2) without authority, removes, breaks, in-
jures, or defaces any customs seal or other fastening 
or mark placed upon any vessel, vehicle, warehouse, 
or package containing merchandise or baggage in 
bond or in customs custody; 
‘‘(3) enters any bonded warehouse or any vessel 
or vehicle laden with or containing bonded merchan-
dise with intent unlawfully to remove therefrom any 
merchandise or baggage therein, or unlawfully re-
moves any merchandise or baggage in such vessel, 
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vehicle, or bonded warehouse or otherwise in cus-
toms custody or control; or 
‘‘(4) receives or transports any merchandise or 
baggage unlawfully removed from any such vessel, 
vehicle, or warehouse, knowing the same to have 
been unlawfully removed; 
shall be imprisoned not more than 10 years. 
‘‘§ 866. Importation or exportation of stolen motor ve-
hicles, off-highway mobile equipment, 
vessels, or aircraft 
‘‘(a) OFFENSE.—Whoever knowingly imports, ex-
ports, or attempts to import or export— 
‘‘(1) any motor vehicle, off-highway mobile 
equipment, vessel, aircraft, or part of any motor ve-
hicle, off-highway mobile equipment, vessel, or air-
craft, knowing the same to have been stolen; or 
‘‘(2) any motor vehicle or off-highway mobile 
equipment or part of any motor vehicle or off-high-
way mobile equipment, knowing that the identifica-
tion number of such motor vehicle, equipment, or 
part has been removed, obliterated, tampered with, 
or altered; 
shall be imprisoned not more than 10 years. 
‘‘(b) EXCLUSION.—Subsection (a)(2) does not apply 
if the removal, obliteration, tampering, or alteration— 
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‘‘(1) is caused by collision or fire; or 
‘‘(2)(A) in the case of a motor vehicle, is not a 
violation of section 717 (relating to altering or re-
moving motor vehicle identification numbers); or 
‘‘(B) in the case of off-highway mobile equip-
ment, would not be a violation of section 717 if such 
equipment were a motor vehicle. 
‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘motor vehicle’ has the meaning 
given that term in section 32101 of title 49; 
‘‘(2) the term ‘off-highway mobile equipment’ 
means any self-propelled agricultural equipment, 
self-propelled construction equipment, and self-pro-
pelled special use equipment, used or designed for 
running on land but not on rail or highway; 
‘‘(3) the term ‘vessel’ has the meaning given 
that term in section 401 of the Tariff Act of 1930; 
‘‘(4) the term ‘aircraft’ has the meaning given 
that term in section 40102(a) of title 49; and 
‘‘(5) the term ‘identification number’— 
‘‘(A) in the case of a motor vehicle, has the 
meaning given that term in section 717; and 
‘‘(B) in the case of any other vehicle or 
equipment covered by this section, means a 
number or symbol assigned to the vehicle or 
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equipment, or part thereof, by the manufac-
turer primarily for the purpose of identifying 
such vehicle, equipment, or part. 
‘‘§ 867. Smuggling goods from the United States 
‘‘(a) OFFENSE.—Whoever fraudulently or knowingly 
exports or sends from the United States any merchandise, 
article, or object contrary to any law or regulation of the 
United States, or receives, conceals, buys, sells, or in any 
manner facilitates the transportation, concealment, or sale 
of such merchandise, article or object, prior to exportation, 
knowing the same to be intended for exportation contrary 
to any law or regulation of the United States, shall be 
imprisoned not more than 10 years. 
‘‘(b) DEFINITION.—As used in this section, the term 
‘United States’ has the meaning given that term in section 
863. 
‘‘§ 868. Border tunnels and passages 
‘‘(a) 
CONSTRUCTION.—Whoever 
knowingly 
con-
structs or finances the construction of a tunnel or sub-
terranean passage that crosses the international border 
between the United States and another country, other 
than a lawfully authorized tunnel or passage known to the 
Secretary of Homeland Security and subject to inspection 
by Immigration and Customs Enforcement, shall be im-
prisoned for not more than 20 years. 
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‘‘(b) 
DISREGARDING
CONSTRUCTION.—Whoever 
knows or recklessly disregards the construction or use of 
a tunnel or passage described in subsection (a) on land 
that the person owns or controls shall be imprisoned for 
not more than 10 years. 
‘‘(c) USE.— 
‘‘(1) OFFENSE.—Whoever uses a tunnel or pas-
sage described in subsection (a) to unlawfully smug-
gle an alien, goods (in violation of section 863), con-
trolled substances, weapons of mass destruction (in-
cluding biological weapons), or a member of a ter-
rorist organization shall be subject to a maximum 
term of imprisonment that is twice the maximum 
term of imprisonment that would have otherwise 
been applicable had the unlawful activity not made 
use of such a tunnel or passage. 
‘‘(2) DEFINITION.—As used in this subsection, 
the term ‘terrorist organization’ means an organiza-
tion designated as a terrorist organization under sec-
tion 219 of the Immigration and Nationality Act. 
‘‘SUBCHAPTER C—INDIANS 
‘‘871. Indian country defined. 
‘‘872. Laws governing. 
‘‘873. Offenses committed within Indian country. 
‘‘874. State jurisdiction over offenses committed by or against Indians in the 
Indian country. 
‘‘875. Embezzlement and theft from Indian Tribal organizations. 
‘‘876. Theft from gaming establishments on Indian lands. 
‘‘877. Theft by officers or employees of gaming establishments on Indian lands. 
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‘‘878. Reporting of child abuse. 
‘‘879. Illegal trafficking in Native American human remains and cultural items. 
‘‘§ 871. Indian country defined 
‘‘The term ‘Indian country’, as used in this sub-
chapter, means— 
‘‘(1) all land within the limits of any Indian 
reservation under the jurisdiction of the United 
States Government, notwithstanding the issuance of 
any patent, and, including rights-of-way running 
through the reservation; 
‘‘(2) all dependent Indian communities within 
the borders of the United States whether within the 
original or subsequently acquired territory thereof, 
and whether within or without the limits of a State; 
and 
‘‘(3) all Indian allotments, the Indian titles to 
which have not been extinguished, including rights- 
of-way running through the same. 
‘‘§ 872. Laws governing 
‘‘(a) GENERALLY.—Except as otherwise expressly 
provided by law, the general laws of the United States as 
to the punishment of offenses committed in any place 
within the sole and exclusive jurisdiction of the United 
States, except the District of Columbia, shall extend to 
the Indian country. 
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‘‘(b) LIMITATION.—This section does not extend to 
offenses committed by one Indian against the person or 
property of another Indian, nor to any Indian committing 
any offense in the Indian country who has been punished 
by the local law of the tribe, or to any case where, by 
treaty stipulations, the exclusive jurisdiction over such of-
fenses is or may be secured to the Indian tribes respec-
tively. 
‘‘§ 873. Offenses committed within Indian country 
‘‘(a) MAJOR CRIMES.—Any Indian who commits 
against the person or property of another Indian or other 
person any of the following offenses, namely, murder, 
manslaughter, kidnapping, maiming, a felony under sub-
chapter A of chapter 13, incest, assault with intent to 
commit murder, assault with a dangerous weapon, assault 
resulting in serious bodily injury, an assault against an 
individual who has not attained the age of 16 years, arson, 
burglary, robbery, and a felony under section 649 within 
the Indian country, shall be subject to the same law and 
penalties as all other persons committing any of the above 
offenses, within the exclusive jurisdiction of the United 
States. 
‘‘(b) DEFINITION OF CERTAIN OFFENSES.—Any of-
fense referred to in subsection (a) of this section that is 
not defined and punished by Federal law in force within 
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the exclusive jurisdiction of the United States shall be de-
fined and punished in accordance with the laws of the 
State in which such offense was committed as are in force 
at the time of such offense. 
‘‘§ 874. State jurisdiction over offenses committed by 
or against Indians in the Indian country 
‘‘(a) IN GENERAL.—Each State listed in the fol-
lowing table shall have jurisdiction over offenses com-
mitted by or against Indians in the areas of Indian coun-
try listed opposite the name of the State to the same ex-
tent that such State has jurisdiction over offenses com-
mitted elsewhere within the State, and the criminal laws 
of such State shall have the same force and effect within 
such Indian country as they have elsewhere within the 
State: 
‘‘Alaska 
All Indian country within the State, 
except that on Annette Islands, the 
Metlakatla Indian community may 
exercise jurisdiction over offenses 
committed by Indians in the same 
manner in which such jurisdiction 
may be exercised by Indian tribes 
in Indian country over which State 
jurisdiction has not been extended. 
California 
All Indian country within the State. 
Minnesota 
All Indian country within the State, 
except the Red Lake Reservation. 
Nebraska 
All Indian country within the State. 
Oregon 
All Indian country within the State, 
except the Warm Springs Reserva-
tion. 
Wisconsin 
All Indian country within the State. 
‘‘(b) NON-CRIMINAL MATTERS NOT AFFECTED.— 
Nothing in this section— 
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‘‘(1) authorizes the alienation, encumbrance, or 
taxation of any real or personal property, including 
water rights, belonging to any Indian or any Indian 
tribe, band, or community that is held in trust by 
the United States or is subject to a restriction 
against alienation imposed by the United States; 
‘‘(2) authorizes regulation of the use of such 
property in a manner inconsistent with any Federal 
treaty, agreement, or statute or with any regulation 
made pursuant thereto; or 
‘‘(3) deprives any Indian or any Indian tribe, 
band, or community of any right, privilege, or immu-
nity afforded under Federal treaty, agreement, or 
statute with respect to hunting, trapping, or fishing 
or the control, licensing, or regulation thereof. 
‘‘(c) NONAPPLICATION.—Sections 872 and 873 do 
not apply within the areas of Indian country listed in sub-
section (a) as areas over which a State has exclusive juris-
diction. 
‘‘(d) EXCEPTION.—Notwithstanding subsection (c), 
at the request of an Indian tribe, and after consultation 
with and consent by the Attorney General— 
‘‘(1) sections 872 and 873 apply in the areas of 
the Indian country of the Indian tribe; and 
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‘‘(2) jurisdiction over those areas shall be con-
current among the Federal Government, State gov-
ernments, and, where applicable, tribal governments. 
‘‘§ 875. Embezzlement and theft from Indian tribal or-
ganizations 
‘‘(a) OFFENSE.—Whoever embezzles, steals, unlaw-
fully converts, knowingly misapplies, or knowingly permits 
to be misapplied, any of the property belonging to any In-
dian tribal organization or entrusted to the custody or care 
of any officer, employee, or agent of an Indian tribal orga-
nization shall be imprisoned not more than five years; but 
if the value of such property does not exceed the sum of 
$1,000, shall be imprisoned not more than one year. 
‘‘(b) DEFINITION.—As used in this section, the term 
‘Indian tribal organization’ means any tribe, band, or com-
munity of Indians which is subject to the laws of the 
United States relating to Indian affairs or any corpora-
tion, association, or group which is organized under any 
of such laws. 
‘‘§ 876. Theft from gaming establishments on Indian 
lands 
‘‘Whoever abstracts, purloins, knowingly misapplies, 
or takes and carries away with intent to steal, any money, 
funds, or other property belonging to a gaming establish-
ment operated by or for or licensed by an Indian tribe 
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pursuant to an ordinance or resolution approved by the 
National Indian Gaming Commission shall be imprisoned 
for not more than ten years, but if the value of such prop-
erty does not exceed $1,000, shall be imprisoned not more 
than one year. 
‘‘§ 877. Theft by officers or employees of gaming es-
tablishments on Indian lands 
‘‘Whoever, being an officer, employee, or individual 
licensee of a gaming establishment operated by or for or 
licensed by an Indian tribe pursuant to an ordinance or 
resolution approved by the National Indian Gaming Com-
mission, 
embezzles, 
abstracts, 
purloins, 
knowingly 
misapplies, or takes and carries away with intent to steal, 
any moneys, funds, assets, or other property of such estab-
lishment shall be imprisoned for not more than 20 years, 
but if the value of such property is $1,000 or less shall 
be imprisoned not more than five years. 
‘‘§ 878. Reporting of child abuse 
‘‘(a) BASIC REPORTING OFFENSE.—Whoever— 
‘‘(1) is a— 
‘‘(A) physician, surgeon, dentist, podia-
trist, chiropractor, nurse, dental hygienist, op-
tometrist, medical examiner, emergency medical 
technician, paramedic, or health care provider, 
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‘‘(B) teacher, school counselor, instruc-
tional aide, teacher’s aide, teacher’s assistant, 
or bus driver employed by any tribal, Federal, 
public or private school, 
‘‘(C) administrative officer, supervisor of 
child welfare and attendance, or truancy officer 
of any tribal, Federal, public or private school, 
‘‘(D) child day care worker, headstart 
teacher, public assistance worker, worker in a 
group home or residential or day care facility, 
or social worker, 
‘‘(E) psychiatrist, psychologist, or psycho-
logical assistant, 
‘‘(F) licensed or unlicensed marriage, fam-
ily, or child counselor, 
‘‘(G) person employed in the mental health 
profession, or 
‘‘(H) law enforcement officer, probation of-
ficer, worker in a juvenile rehabilitation or de-
tention facility, or person employed in a public 
agency who is responsible for enforcing statutes 
and judicial orders; 
‘‘(2) knows, or has reasonable suspicion, that— 
‘‘(A) a child was abused in Indian country, 
or 
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‘‘(B) actions are being taken, or are going 
to be taken, that would reasonably be expected 
to result in abuse of a child in Indian country; 
and 
‘‘(3) fails to immediately report such abuse or 
actions described in paragraph (2) to the local child 
protective services agency or local law enforcement 
agency, 
shall be imprisoned for not more than 6 months. 
‘‘(b) OFFENSE BY SUPERVISORS.—Whoever— 
‘‘(1) supervises, or has authority over, a person 
described in subsection (a)(1), and 
‘‘(2) inhibits or prevents that person from mak-
ing the report described in subsection (a), 
shall be imprisoned for not more than 6 months. 
‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘abuse’ includes— 
‘‘(A) any case in which— 
‘‘(i) a child is dead or exhibits evi-
dence of skin bruising, bleeding, malnutri-
tion, failure to thrive, burns, fracture of 
any bone, subdural hematoma, soft tissue 
swelling, and 
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‘‘(ii) such condition is not justifiably 
explained or may not be the product of an 
accidental occurrence; and 
‘‘(B) any case in which a child is subjected 
to sexual assault, sexual molestation, sexual ex-
ploitation, sexual contact, or prostitution; 
‘‘(2) the term ‘child’ means an individual who— 
‘‘(A) is not married, and 
‘‘(B) has not attained 18 years of age; 
‘‘(3) the term ‘local child protective services 
agency’ means that agency of the Federal Govern-
ment, of a State, or of an Indian tribe that has the 
primary responsibility for child protection on any In-
dian reservation or within any community in Indian 
country; and 
‘‘(4) the term ‘local law enforcement agency’ 
means that Federal, tribal, or State law enforcement 
agency that has the primary responsibility for the 
investigation of an instance of alleged child abuse 
within the portion of Indian country involved. 
‘‘(d) IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY 
FOR REPORTING.—Any person making a report described 
in subsection (a) which is based upon their reasonable be-
lief and which is made in good faith shall be immune from 
civil or criminal liability for making that report. 
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‘‘§ 879. Illegal trafficking in Native American human 
remains and cultural items 
‘‘(a) HUMAN REMAINS.—Whoever knowingly sells, 
purchases, uses for profit, or transports for sale or profit, 
the human remains of a Native American without the 
right of possession to those remains as provided in the 
Native American Graves Protection and Repatriation Act 
shall be imprisoned not more than 12 months, and in the 
case of a second or subsequent violation, be imprisoned 
not more than 5 years. 
‘‘(b) CULTURAL ITEMS.—Whoever knowingly sells, 
purchases, uses for profit, or transports for sale or profit 
any Native American cultural items obtained in violation 
of the Native American Grave Protection and Repatriation 
Act shall be imprisoned not more than one year, and in 
the case of a second or subsequent violation, be imprisoned 
not more than 5 years. 
‘‘SUBCHAPTER D—BANKRUPTCY 
‘‘881. Concealment of assets; false oaths and claims; bribery. 
‘‘882. Embezzlement against estate. 
‘‘883. Adverse interest and conduct of officers. 
‘‘884. Fee agreements in cases under title 11 and receiverships. 
‘‘885. Bankruptcy fraud. 
‘‘886. Definition. 
‘‘§ 881. Concealment of assets; false oaths and claims; 
bribery 
‘‘Whoever— 
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‘‘(1) knowingly conceals from a custodian, 
trustee, marshal, or other officer of the court 
charged with the control or custody of property, or, 
in connection with a case under title 11, from credi-
tors or the United States Trustee, any property be-
longing to the estate of a debtor; 
‘‘(2) knowingly makes a false oath or account 
in or in relation to any case under title 11; 
‘‘(3) knowingly makes a false declaration, cer-
tificate, verification, or statement under penalty of 
perjury as permitted under section 1746 of title 28, 
in or in relation to any case under title 11; 
‘‘(4) knowingly presents any false claim for 
proof against the estate of a debtor, or uses any 
such claim in any case under title 11, in a personal 
capacity or as or through an agent, proxy, or attor-
ney; 
‘‘(5) knowingly receives any material amount of 
property from a debtor after the filing of a case 
under title 11, with intent to defeat the provisions 
of title 11; 
‘‘(6) knowingly and corruptly gives, offers, re-
ceives, or attempts to obtain any money or property, 
remuneration, compensation, reward, advantage, or 
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promise thereof for acting or forbearing to act in 
any case under title 11; 
‘‘(7) in a personal capacity or as an agent or 
officer of any person or corporation, in contempla-
tion of a case under title 11 by or against the person 
or any other person or corporation, or with intent to 
defeat the provisions of title 11, knowingly transfers 
or conceals any of his property or the property of 
such other person or corporation; 
‘‘(8) after the filing of a case under title 11 or 
in contemplation thereof, knowingly conceals, de-
stroys, mutilates, falsifies, or makes a false entry in 
any recorded information (including books, docu-
ments, records, and papers) relating to the property 
or financial affairs of a debtor; or 
‘‘(9) after the filing of a case under title 11, 
knowingly withholds from a custodian, trustee, mar-
shal, or other officer of the court or a United States 
Trustee entitled to its possession, any recorded in-
formation (including books, documents, records, and 
papers) relating to the property or financial affairs 
of a debtor, 
shall be imprisoned not more than 5 years. 
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‘‘§ 882. Embezzlement against estate 
‘‘(a) OFFENSE.—Whoever, being described in sub-
section (b), knowingly and unlawfully appropriates to the 
person’s own use, embezzles, spends, or transfers any 
property or secretes or destroys any document belonging 
to the estate of a debtor shall be imprisoned not more than 
5 years. 
‘‘(b) PERSON TO WHOM SECTION APPLIES.—A per-
son described in this subsection is one who has access to 
property or documents belonging to an estate by virtue 
of the person’s participation in the administration of the 
estate as a trustee, custodian, marshal, attorney, or other 
officer of the court or as an agent, employee, or other per-
son engaged by such an officer to perform a service with 
respect to the estate. 
‘‘§ 883. Adverse interest and conduct of officers 
‘‘Whoever, being a custodian, trustee, marshal, or 
other officer of the court— 
‘‘(1) knowingly purchases any property of the 
estate of which the person is such an officer in a 
case under title 11; 
‘‘(2) knowingly refuses to permit a reasonable 
opportunity for the inspection by parties in interest 
of the documents and accounts relating to the af-
fairs of estates in the person’s charge by parties 
when directed by the court to do so; or 
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‘‘(3) knowingly refuses to permit a reasonable 
opportunity for the inspection by the United States 
Trustee of the documents and accounts relating to 
the affairs of an estate in the person’s charge, 
shall be fined under this title and shall forfeit the person’s 
office, which shall thereupon become vacant. 
‘‘§ 884. Fee agreements in cases under title 11 and re-
ceiverships 
‘‘Whoever, being a party in interest, whether as a 
debtor, creditor, receiver, trustee or representative of any 
of them, or attorney for any such party in interest, in any 
receivership or case under title 11 in any United States 
court or under its supervision, knowingly and corruptly en-
ters into any agreement, express or implied, with another 
such party in interest or attorney for another such party 
in interest, for the purpose of fixing the fees or other com-
pensation to be paid to any party in interest or to any 
attorney for any party in interest for services rendered in 
connection therewith, from the assets of the estate, shall 
be imprisoned not more than one year. 
‘‘§ 885. Bankruptcy fraud 
‘‘Whoever for the purpose of executing or concealing 
a scheme or artifice to defraud— 
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‘‘(1) files a petition under title 11, including a 
fraudulent involuntary petition under section 303 of 
such title; 
‘‘(2) files a document in a proceeding under 
title 11; or 
‘‘(3) makes a false or fraudulent representation, 
claim, or promise concerning or in relation to a pro-
ceeding under title 11, at any time before or after 
the filing of the petition, or in relation to a pro-
ceeding falsely asserted to be pending under such 
title, 
shall be imprisoned not more than 5 years. 
‘‘§ 886. Definition 
‘‘As used in this subchapter, the term ‘debtor’ means 
a debtor concerning whom a petition has been filed under 
title 11. 
‘‘SUBCHAPTER E—CIVIL RIGHTS 
‘‘891. Conspiracy against rights. 
‘‘892. Deprivation of rights under color of law. 
‘‘893. Exclusion of jurors on account of race or color. 
‘‘894. Discrimination against person wearing uniform of Armed Forces. 
‘‘895. Federally protected activities. 
‘‘896. Deprivation of relief benefits. 
‘‘897. Damage to religious property; obstruction of persons in the free exercise 
of religious beliefs. 
‘‘898. Freedom of access to clinic entrances. 
‘‘899. Voting Rights Act violations. 
‘‘900. Prevention of intimidation in fair housing cases. 
‘‘901. Hate crime acts. 
‘‘§ 891. Conspiracy against rights 
‘‘If two or more persons— 
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‘‘(1) conspire to injure, oppress, threaten, or in-
timidate any person in any State in the free exercise 
or enjoyment of any right or privilege secured to 
that person by the Constitution or laws of the 
United States, or because of that person’s having so 
exercised the same; or 
‘‘(2) go in disguise on the highway, or on the 
premises of another, with intent to prevent or hinder 
that other’s free exercise or enjoyment of any right 
or privilege so secured; 
each shall be imprisoned not more than ten years; and 
if death results from the acts committed in violation of 
this section or if such acts include kidnapping or an at-
tempt to kidnap, aggravated sexual abuse or an attempt 
to commit aggravated sexual abuse, or an attempt to kill, 
each shall be imprisoned for any term of years or for life, 
or may be sentenced to death. 
‘‘§ 892. Deprivation of rights under color of law 
‘‘Whoever, under color of any law, statute, ordinance, 
regulation, or custom, knowingly subjects any person in 
any State to the deprivation of any rights, privileges, or 
immunities secured or protected by the Constitution or 
laws of the United States, or to different punishments, 
pains, or penalties, on account of such person being an 
alien, or by reason of his color, or race, than are pre-
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scribed for the punishment of citizens, shall be imprisoned 
not more than one year; and if bodily injury results from 
the acts committed in violation of this section or if such 
acts include the use, attempted use, or threatened use of 
a dangerous weapon, explosives, or fire, shall be impris-
oned not more than ten years; and if death results from 
the acts committed in violation of this section or if such 
acts include kidnapping or an attempt to kidnap, aggra-
vated sexual abuse, or an attempt to commit aggravated 
sexual abuse, or an attempt to kill, shall be imprisoned 
for any term of years or for life, or may be sentenced to 
death. 
‘‘§ 893. Exclusion of jurors on account of race or color 
‘‘No citizen possessing all other qualifications which 
are or may be prescribed by law shall be disqualified for 
service as grand or petit juror in any court of the United 
States, or of any State on account of race, color, or pre-
vious condition of servitude; and whoever, being an officer 
or other person charged with any duty in the selection or 
summoning of jurors, excludes or fails to summon any cit-
izen for such cause, shall be fined not more than $5,000. 
‘‘§ 894. Discrimination against person wearing uni-
form of Armed Forces 
‘‘Whoever, being a proprietor, manager, or employee 
of a theater or other public place of entertainment or 
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amusement in the District of Columbia, or in any terri-
tory, or possession of the United States, causes any person 
wearing the uniform of any of the armed forces of the 
United States to be discriminated against because of that 
uniform, shall be fined under this title. 
‘‘§ 895. Federally protected activities 
‘‘(a) CONSTRUCTION.— 
‘‘(1) Nothing in this section shall be construed 
as indicating an intent on the part of Congress to 
prevent any State, any possession or Commonwealth 
of the United States, or the District of Columbia, 
from exercising jurisdiction over any offense over 
which it would have jurisdiction in the absence of 
this section, nor shall anything in this section be 
construed as depriving State and local law enforce-
ment authorities of responsibility for prosecuting 
acts that may be violations of this section and that 
are violations of State and local law. No prosecution 
of any offense described in this section shall be un-
dertaken by the United States except upon the cer-
tification in writing of the Attorney General, the 
Deputy Attorney General, the Associate Attorney 
General, or any Assistant Attorney General specially 
designated by the Attorney General that in his judg-
ment a prosecution by the United States is in the 
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public interest and necessary to secure substantial 
justice, which function of certification may not be 
delegated. 
‘‘(2) Nothing in this subsection shall be con-
strued to limit the authority of Federal officers, or 
a Federal grand jury, to investigate possible viola-
tions of this section. 
‘‘(b) OFFENSE.—Whoever, by force or threat of force, 
knowingly injures, intimidates, or interferes with— 
‘‘(1) any person because he is or has been, or 
in order to intimidate such person or any other per-
son or any class of persons from— 
‘‘(A) voting or qualifying to vote, quali-
fying or campaigning as a candidate for elective 
office, or qualifying or acting as a poll watcher, 
or any legally authorized election official, in any 
primary, special, or general election; 
‘‘(B) participating in or enjoying any ben-
efit, service, privilege, program, facility, or ac-
tivity provided or administered by the United 
States; 
‘‘(C) applying for or enjoying employment, 
or any perquisite thereof, by any agency of the 
United States; 
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‘‘(D) serving, or attending upon any court 
in connection with possible service, as a grand 
or petit juror in any court of the United States; 
or 
‘‘(E) participating in or enjoying the bene-
fits of any program or activity receiving Federal 
financial assistance; 
‘‘(2) any person because of his race, color, reli-
gion or national origin and because he is or has 
been— 
‘‘(A) enrolling in or attending any public 
school or public college; 
‘‘(B) participating in or enjoying any ben-
efit service, privilege, program, facility or activ-
ity provided or administered by any State or 
subdivision thereof; 
‘‘(C) applying for or enjoying employment, 
or any perquisite thereof, by any private em-
ployer or any agency of any State or subdivision 
thereof, or joining or using the services or ad-
vantages of any labor organization, hiring hall, 
or employment agency; 
‘‘(D) serving, or attending upon any court 
of any State in connection with possible service, 
as a grand or petit juror; 
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‘‘(E) traveling in or using any facility of 
interstate commerce, or using any vehicle, ter-
minal, or facility of any common carrier by 
motor, rail, water, or air; 
‘‘(F) enjoying the goods, services, facilities, 
privileges, advantages, or accommodations of 
any inn, hotel, motel, or other establishment 
which provides lodging to transient guests, or of 
any restaurant, cafeteria, lunchroom, lunch 
counter, soda fountain, or other facility which 
serves the public and which is principally en-
gaged in selling food or beverages for consump-
tion on the premises, or of any gasoline station, 
or of any motion picture house, theater, concert 
hall, sports arena, stadium, or any other place 
of exhibition or entertainment which serves the 
public, or of any other establishment which 
serves the public and— 
‘‘(i) which is located within the prem-
ises of any of the aforesaid establishments 
or within the premises of which is phys-
ically located any of the aforesaid estab-
lishments; and 
‘‘(ii) which holds itself out as serving 
patrons of such establishments; 
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‘‘(3) during or incident to a riot or civil dis-
order, any person engaged in a business in com-
merce or affecting commerce, including, but not lim-
ited to, any person engaged in a business which sells 
or offers for sale to interstate travelers a substantial 
portion of the articles, commodities, or services 
which it sells or where a substantial portion of the 
articles or commodities which it sells or offers for 
sale have moved in commerce; or 
‘‘(4) any person because that person is or has 
been, or in order to intimidate such person or any 
other person or any class of persons from— 
‘‘(A) participating, without discrimination 
on account of race, color, religion or national 
origin, in any of the benefits or activities de-
scribed in subparagraphs (1)(A) through (1)(E) 
or subparagraphs (2)(A) through (2)(F); or 
‘‘(B) affording another person or class of 
persons opportunity or protection to so partici-
pate; or 
‘‘(5) any citizen because that person is or has 
been, or in order to intimidate such citizen or any 
other citizen from lawfully aiding or encouraging 
other persons to participate, without discrimination 
on account of race, color, religion or national origin, 
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in any of the benefits or activities described in sub-
paragraphs (1)(A) through (1)(E) or subparagraphs 
(2)(A) through (2)(F), or participating lawfully in 
speech or peaceful assembly opposing any denial of 
the opportunity to so participate, 
shall be imprisoned not more than one year; and if bodily 
injury results from the acts committed in violation of this 
section or if such acts include the use, attempted use, or 
threatened use of a dangerous weapon, explosives, or fire, 
shall be imprisoned not more than ten years; and if death 
results from the acts committed in violation of this section 
or if such acts include kidnapping or an attempt to kid-
nap, aggravated sexual abuse or an attempt to commit ag-
gravated sexual abuse, or an attempt to kill, shall be im-
prisoned for any term of years or for life or may be sen-
tenced to death. 
‘‘(c) DEFINITION.—As used in this section, the term 
‘participating lawfully in speech or peaceful assembly’ 
shall not mean the aiding, abetting, or inciting of other 
persons to riot or to commit any act of physical violence 
upon any individual or against any real or personal prop-
erty in furtherance of a riot. Nothing in subparagraph 
(2)(F) or (4)(A) of this subsection applies to the propri-
etor of any establishment which provides lodging to tran-
sient guests, or to any employee acting on behalf of such 
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proprietor, with respect to the enjoyment of the goods, 
services, facilities, privileges, advantages, or accommoda-
tions of such establishment if such establishment is lo-
cated within a building which contains not more than five 
rooms for rent or hire and which is actually occupied by 
the proprietor as the proprietor’s residence. 
‘‘(d) 
LAW
ENFORCEMENT
DUTIES
NOT
AF-
FECTED.—Nothing in this section shall be construed so 
as to deter any law enforcement officer from lawfully car-
rying out the duties of his office; and no law enforcement 
officer shall be considered to be in violation of this section 
for lawfully carrying out the duties of his office or lawfully 
enforcing ordinances and laws of the United States, the 
District of Columbia, any of the several States, or any po-
litical subdivision of a State. For purposes of the pre-
ceding sentence, the term ‘law enforcement officer’ means 
any officer of the United States, the District of Columbia, 
a State, or political subdivision of a State, who is empow-
ered by law to conduct investigations of, or make arrests 
because of, offenses against the United States, the District 
of Columbia, a State, or a political subdivision of a State. 
‘‘§ 896. Deprivation of relief benefits 
‘‘Whoever directly or indirectly deprives, attempts to 
deprive, or threatens to deprive any person of any employ-
ment, position, work, compensation, or other benefit pro-
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vided for or made possible in whole or in part by any Act 
of Congress appropriating funds for work relief or relief 
purposes, on account of political affiliation, race, color, 
sex, religion, or national origin, shall be imprisoned not 
more than one year. 
‘‘§ 897. Damage to religious property; obstruction of 
persons in the free exercise of religious 
beliefs 
‘‘(a) RELIGIOUS PROPERTY OFFENSE RELATING TO 
RELIGIOUS CHARACTER.—Whoever, in or affecting inter-
state or foreign commerce— 
‘‘(1) knowingly defaces, damages, or destroys 
any religious real property, because of the religious 
character of that property; or 
‘‘(2) knowingly obstructs, by force or threat of 
force, any person in the enjoyment of that person’s 
free exercise of religious beliefs; 
shall be punished as provided in subsection (c). 
‘‘(b) PROPERTY OFFENSE MOTIVATED BY RACIAL 
AND OTHER CHARACTERISTICS.—Whoever knowingly de-
faces, damages, or destroys any religious real property be-
cause of the race, color, or ethnic characteristics of any 
individual associated with that religious property, shall be 
punished as provided in subsection (c). 
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‘‘(c) PUNISHMENT.—The punishment for a violation 
of subsection (a) is— 
‘‘(1) if death results from acts committed in 
violation of this section or if such acts include kid-
napping or an attempt to kidnap, aggravated sexual 
abuse or an attempt to commit aggravated sexual 
abuse, or an attempt to kill, imprisonment for any 
term of years or for life, or death; 
‘‘(2) if bodily injury results to any person, in-
cluding any public safety officer performing duties 
as a direct or proximate result of conduct prohibited 
by this section, and the violation is by means of fire 
or an explosive, or imprisonment for more that 40 
years; 
‘‘(3) if bodily injury to any person, including 
any public safety officer performing duties as a di-
rect or proximate result of conduct prohibited by 
this section, results from the acts committed in vio-
lation of this section or if such acts include the use, 
attempted use, or threatened use of a dangerous 
weapon, explosives, or fire, imprisonment for not 
more than 20 years; and 
‘‘(4) in any other case, imprisonment for not 
more than one year. 
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‘‘(d) CERTIFICATION.—No prosecution of any offense 
described in this section shall be undertaken by the United 
States except upon the certification in writing of the At-
torney General or his designee that in his judgment a 
prosecution by the United States is in the public interest 
and necessary to secure substantial justice. 
‘‘(e) DEFINITION.—As used in this section, the term 
‘religious real property’ means any church, synagogue, 
mosque, religious cemetery, or other religious real prop-
erty, including fixtures or religious objects contained with-
in a place of religious worship. 
‘‘(f) LIMITATION.—No person shall be prosecuted, 
tried, or punished for any noncapital offense under this 
section unless the indictment is found or the information 
is instituted not later than 7 years after the date on which 
the offense was committed. 
‘‘§ 898. Freedom of access to clinic entrances 
‘‘(a) PROHIBITED ACTIVITIES.—Whoever— 
‘‘(1) by force or threat of force or by physical 
obstruction, knowingly injures, intimidates or inter-
feres with any person because that person is or has 
been, or in order to intimidate such person or any 
other person or any class of persons from, obtaining 
or providing reproductive health services; 
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‘‘(2) by force or threat of force or by physical 
obstruction, knowingly injures, intimidates or inter-
feres with any person lawfully exercising or seeking 
to exercise the First Amendment right of religious 
freedom at a place of religious worship; or 
‘‘(3) knowingly damages or destroys the prop-
erty of a facility, or attempts to do so, because such 
facility provides reproductive health services, or 
knowingly damages or destroys the property of a 
place of religious worship, 
shall be subject to the penalties provided in subsection (b) 
and the civil remedies provided in subsection (c), except 
that a parent or legal guardian of a child shall not be sub-
ject to any penalties or civil remedies under this section 
for such activities insofar as they are directed exclusively 
at that child. 
‘‘(b) PENALTIES.—Whoever violates this section 
shall— 
‘‘(1) in the case of a first offense, be impris-
oned not more than one year; and 
‘‘(2) in the case of a second or subsequent of-
fense after a prior conviction under this section, be 
imprisoned not more than 3 years; 
except that for an offense involving exclusively a non-
violent physical obstruction, the fine shall, notwith-
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standing section 3571, not be more than $10,000 and the 
length of imprisonment shall be not more than six months, 
or both, for the first offense; and the fine shall, notwith-
standing section 3571, be not more than $25,000 and the 
length of imprisonment shall be not more than 18 months, 
or both, for a subsequent offense; and except that if bodily 
injury results, the length of imprisonment shall be not 
more than 10 years, and if death results, it shall be for 
any term of years or for life. 
‘‘(c) CIVIL REMEDIES.— 
‘‘(1) RIGHT OF ACTION.— 
‘‘(A) IN GENERAL.—Any person aggrieved 
by reason of the conduct prohibited by sub-
section (a) may commence a civil action for the 
relief set forth in subparagraph (B), except that 
such an action may be brought under sub-
section (a)(1) only by a person involved in pro-
viding or seeking to provide, or obtaining or 
seeking to obtain, services in a facility that pro-
vides reproductive health services, and such an 
action may be brought under subsection (a)(2) 
only by a person lawfully exercising or seeking 
to exercise the First Amendment right of reli-
gious freedom at a place of religious worship or 
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by the entity that owns or operates such place 
of religious worship. 
‘‘(B) RELIEF.—In any action under sub-
paragraph (A), the court may award appro-
priate relief, including temporary, preliminary 
or permanent injunctive relief and compen-
satory and punitive damages, as well as the 
costs of suit and reasonable fees for attorneys 
and expert witnesses. With respect to compen-
satory damages, the plaintiff may elect, at any 
time prior to the rendering of final judgment, 
to recover, in lieu of actual damages, an award 
of statutory damages in the amount of $5,000 
per violation. 
‘‘(2) ACTION BY ATTORNEY GENERAL OF THE 
UNITED STATES.— 
‘‘(A) IN GENERAL.—If the Attorney Gen-
eral of the United States has reasonable cause 
to believe that any person or group of persons 
is being, has been, or may be injured by con-
duct constituting a violation of this section, the 
Attorney General may commence a civil action 
in any appropriate United States District 
Court. 
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‘‘(B) RELIEF.—In any action under sub-
paragraph (A), the court may award appro-
priate relief, including temporary, preliminary 
or permanent injunctive relief, and compen-
satory damages to persons aggrieved as de-
scribed in paragraph (1)(B). The court, to vin-
dicate the public interest, may also assess a 
civil penalty against each respondent— 
‘‘(i) in an amount not exceeding 
$10,000 for a nonviolent physical obstruc-
tion and $15,000 for other first violations; 
and 
‘‘(ii) in an amount not exceeding 
$15,000 for a nonviolent physical obstruc-
tion and $25,000 for any other subsequent 
violation. 
‘‘(3) ACTIONS
BY
STATE
ATTORNEYS
GEN-
ERAL.— 
‘‘(A) IN GENERAL.—If the Attorney Gen-
eral of a State has reasonable cause to believe 
that any person or group of persons is being, 
has been, or may be injured by conduct consti-
tuting a violation of this section, such Attorney 
General may commence a civil action in the 
name of such State, as parens patriae on behalf 
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of natural persons residing in such State, in 
any appropriate United States District Court. 
‘‘(B) RELIEF.—In any action under sub-
paragraph (A), the court may award appro-
priate relief, including temporary, preliminary 
or permanent injunctive relief, compensatory 
damages, and civil penalties as described in 
paragraph (2)(B). 
‘‘(d) RULES OF CONSTRUCTION.—Nothing in this 
section shall be construed— 
‘‘(1) to prohibit any expressive conduct (includ-
ing peaceful picketing or other peaceful demonstra-
tion) protected from legal prohibition by the First 
Amendment to the Constitution; or 
‘‘(2) to create new remedies for interference 
with activities protected by the free speech or free 
exercise clauses of the First Amendment to the Con-
stitution, occurring outside a facility, regardless of 
the point of view expressed, or to limit any existing 
legal remedies for such interference. 
‘‘(e) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘facility’ includes a hospital, clin-
ic, physician’s office, or other facility that provides 
reproductive health services, and includes the build-
ing or structure in which the facility is located; 
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‘‘(2) the term ‘interfere with’ means to restrict 
a person’s freedom of movement; 
‘‘(3) the term ‘intimidate’ means to place a per-
son in reasonable apprehension of bodily harm to 
him-or herself or to another; 
‘‘(4) the term ‘physical obstruction’ means ren-
dering impassable ingress to or egress from a facility 
that provides reproductive health services or to or 
from a place of religious worship, or rendering pas-
sage to or from such a facility or place of religious 
worship unreasonably difficult or hazardous; and 
‘‘(5) the term ‘reproductive health services’ 
means reproductive health services provided in a 
hospital, clinic, physician’s office, or other facility, 
and includes medical, surgical, counseling or referral 
services relating to the human reproductive system, 
including services relating to pregnancy or the termi-
nation of a pregnancy. 
‘‘§ 899. Voting Rights Act violations 
‘‘(a) DEPRIVATION OF RIGHTS.—Whoever deprives 
any person of any right secured by section 2, 3, 4, 5, 7, 
or 10 of the Voting Rights Act of 1965 or violates section 
11(a) of such Act, shall be imprisoned not more than five 
years. 
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‘‘(b) BALLOTS AND RECORDS OF VOTING.—Whoever, 
within a year following an election in a political subdivision 
in which an examiner has been appointed under the Voting 
Rights Act of 1965— 
‘‘(1) destroys, defaces, mutilates, or otherwise 
alters the marking of a paper ballot which has been 
cast in such election; or 
‘‘(2) alters any official record of voting in such 
election tabulated from a voting machine or other-
wise; 
shall be imprisoned not more than five years. 
‘‘(c) INTERFERENCE WITH RIGHTS.—Whoever inter-
feres with any right secured by section 2, 3, 4, 5, 7, 10, 
or 11(a) of the Voting Rights Act of 1965 shall be impris-
oned not more than five years. 
‘‘§ 900. Prevention of intimidation in fair housing 
cases 
‘‘Whoever by force or threat of force willfully injures, 
intimidates or interferes with— 
‘‘(1) any person because of that person’s race, 
color, religion, sex, handicap (as such term is de-
fined in section 802 of the Fair Housing Act), famil-
ial status (as such term is defined in section 802 of 
that Act), or national origin and because that person 
is or has been selling, purchasing, renting, financing, 
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occupying, or contracting or negotiating for the sale, 
purchase, rental, financing or occupation of any 
dwelling, or applying for or participating in any 
service, organization, or facility relating to the busi-
ness of selling or renting dwellings; or 
‘‘(2) any person because that person is or has 
been, or in order to intimidate such person or any 
other person or any class of persons from— 
‘‘(A) participating, without discrimination 
on account of race, color, religion, sex, handicap 
(as such term is defined in section 802 of the 
Fair Housing Act), familial status (as such 
term is defined in section 802 of that Act), or 
national origin, in any of the activities, services, 
organizations or facilities described in para-
graph (1); 
‘‘(B) affording another person or class of 
persons opportunity or protection so to partici-
pate; or 
‘‘(C) any citizen because that citizen is or 
has been, or in order to discourage such citizen 
or any other citizen from lawfully aiding or en-
couraging other persons to participate, without 
discrimination on account of race, color, reli-
gion, sex, handicap (as such term is defined in 
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(1) by striking ‘‘subsection 922(t)’’ each place 
it appears and inserting ‘‘section 582(t)’’; and 
(2) in paragraph (2), by striking ‘‘section 922 
of’’ and inserting ‘‘section 582 of’’. 
(c) RELATING TO PUBLIC LAW 112–239.—Section 
1251 of Public Law 112–239 is amended— 
(1) in subsection (b), by striking ‘‘section 
2333’’ and inserting ‘‘section 282(a)’’; and 
(2) in subsection (c), by striking ‘‘Notwith-
standing section 2335’’ through ‘‘section 2333 of 
such title’’ and inserting ‘‘Notwithstanding section 
282(h) of title 18, United States Code, a civil action 
under section 282(a) of such title’’. 
(d) RELATING TO PUBLIC LAW 112–144.—Section 
717 of Public Law 112–144 is amended— 
(1) in subsection (a)(4), by striking ‘‘section 
2320’’ and inserting ‘‘section 680’’; and 
(2) in subsection (b)(1), by striking ‘‘section 
2320(a)(4)’’ and inserting ‘‘section 680(a)(4)’’. 
SEC. 5. SUNSET OF PROVISION RELATING TO FOREIGN IN-
TELLIGENCE SURVEILLANCE ACT OF 1978. 
Effective December 31, 2017, except as provided by 
section 404 of the FISA Amendments Act of 2008, section 
1492(b)(1)(B)(i) of title 18, United States Code, is 
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