583 
vent and restrain violations of this chapter by any person 
(or by any person controlling such person), except that any 
person who holds a permit under chapter 52 of the Internal 
Revenue Code of 1986 may not bring such an action 
against a State or local government. No civil action may be 
commenced under this paragraph against an Indian tribe 
or an Indian in Indian country (as defined in section 
1151). 
‘‘(2) A State, through its attorney general, or a local govern-
ment, through its chief law enforcement officer (or a designee 
thereof), may in a civil action under paragraph (1) also obtain 
any other appropriate relief for violations of this chapter from 
any person (or by any person controlling such person), includ-
ing civil penalties, money damages, and injunctive or other eq-
uitable relief. Nothing in this chapter shall be deemed to abro-
gate or constitute a waiver of any sovereign immunity of a 
State or local government, or an Indian tribe against any 
unconsented lawsuit under this chapter, or otherwise to re-
strict, expand, or modify any sovereign immunity of a State or 
local government, or an Indian tribe. 
‘‘(3) The remedies under paragraphs (1) and (2) are in addi-
tion to any other remedies under Federal, State, local, or other 
law. 
‘‘(4) Nothing in this chapter shall be construed to expand, 
restrict, or otherwise modify any right of an authorized State 
official to proceed in State court, or take other enforcement ac-
tions, on the basis of an alleged violation of State or other law. 
‘‘(5) Nothing in this chapter shall be construed to expand, 
restrict, or otherwise modify any right of an authorized local 
government official to proceed in State court, or take other en-
forcement actions, on the basis of an alleged violation of local 
or other law. 
‘‘SUBCHAPTER E—CHILD SUPPORT 
‘‘Sec. 
‘‘1431.
Failure to pay legal child support obligations. 
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‘‘§ 1431. Failure to pay legal child support obliga-
tions 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) knowingly fails to pay a support obligation with re-
spect to a child who resides in another State, if such obli-
gation has remained unpaid for a period longer than 1 
year, or is greater than $5,000; 
‘‘(2) travels in interstate or foreign commerce with the 
intent to evade a support obligation, if such obligation has 
remained unpaid for a period longer than 1 year, or is 
greater than $5,000; or 
‘‘(3) knowingly fails to pay a support obligation with re-
spect to a child who resides in another State, if such obli-
gation has remained unpaid for a period longer than 2 
years, or is greater than $10,000; 
shall be punished as provided in subsection (c). 
‘‘(b) PRESUMPTION.—The existence of a support obligation 
that was in effect for the time period charged in the indictment 
or information creates a rebuttable presumption that the obli-
gor has the ability to pay the support obligation for that time 
period. 
‘‘(c) PUNISHMENT.—The punishment for an offense under 
this section is— 
‘‘(1) in the case of a first offense under subsection 
(a)(1), imprisonment for not more than 6 months; and 
‘‘(2) in the case of an offense under paragraph (2) or (3) 
of subsection (a), or a second or subsequent offense under 
subsection (a)(1), imprisonment for not more than 2 years. 
‘‘(d) VENUE.—With respect to an offense under this section, 
an action may be inquired of and prosecuted in a district court 
of the United States for— 
‘‘(1) the district in which the child who is the subject of 
the support obligation involved resided during a period dur-
ing which a person described in subsection (a) (referred to 
in this subsection as an ‘obliger’) failed to meet that sup-
port obligation; 
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‘‘(2) the district in which the obliger resided during a pe-
riod described in paragraph (1); or 
‘‘(3) any other district with jurisdiction otherwise pro-
vided for by law. 
‘‘(e) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘Indian tribe’ has the meaning given that 
term in section 102 of the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 479a); and 
‘‘(2) the term ‘support obligation’ means any amount de-
termined under a court order or an order of an administra-
tive process pursuant to the law of a State or of an Indian 
tribe to be due from a person for the support and mainte-
nance of a child or of a child and the parent with whom 
the child is living. 
‘‘SUBCHAPTER F—OBSCENITY 
‘‘Sec. 
‘‘1441.
Mailing obscene or crime-inciting matter. 
‘‘1442.
Importation or transportation of obscene matters. 
‘‘1443.
Transportation of obscene matters for sale or distribution. 
‘‘1444.
Engaging in the business of selling or transferring obscene matter. 
‘‘1445.
Obscene visual representations of the sexual abuse of children 
‘‘1446.
Presumptions. 
‘‘1447.
Transfer of obscene material to minors. 
‘‘§ 1441. Mailing obscene or crime-inciting matter 
‘‘(a) NONMAILABILITY.—The following are nonmailable mat-
ter and shall not be conveyed in the mails or delivered from 
any post office or by any letter carrier: 
‘‘(1) Every obscene, lewd, lascivious, indecent, filthy or 
vile article, matter, thing, device, or substance. 
‘‘(2) Every article or thing designed, adapted, or in-
tended for producing abortion, or for any indecent or im-
moral use. 
‘‘(3) Every article, instrument, substance, drug, medi-
cine, or thing which is advertised or described in a manner 
calculated to lead another to use or apply it for producing 
abortion, or for any indecent or immoral purpose. 
‘‘(4) Every written or printed card, letter, circular, book, 
pamphlet, advertisement, or notice of any kind giving infor-
mation, directly or indirectly, where, or how, or from 
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whom, or by what means any of such mentioned matters, 
articles, or things may be obtained or made, or where or 
by whom any act or operation of any kind for the procuring 
or producing of abortion will be done or performed, or how 
or by what means abortion may be produced, whether 
sealed or unsealed. 
‘‘(5) Every paper, writing, advertisement, or representa-
tion that any article, instrument, substance, drug, medi-
cine, or thing may, or can, be used or applied for producing 
abortion, or for any indecent or immoral purpose. 
‘‘(6) Every description calculated to induce or incite a 
person to so use or apply any such article, instrument, sub-
stance, drug, medicine, or thing. 
‘‘(b) OFFENSE.—Whoever knowingly uses the mails for the 
mailing, carriage in the mails, or delivery of anything declared 
by this section or section 3001(e) of title 39 to be nonmailable, 
or knowingly causes to be delivered by mail according to the 
direction thereon, or at the place at which it is directed to be 
delivered by the person to whom it is addressed, or knowingly 
takes any such thing from the mails for the purpose of circu-
lating or disposing thereof, or of aiding in the circulation or 
disposition thereof, shall be imprisoned not more than five 
years, for the first such offense, and shall be imprisoned not 
more than ten years for each such offense thereafter. 
‘‘§ 1442. Importation or transportation of obscene 
matters 
‘‘Whoever— 
‘‘(1) brings into the United States, or any place subject 
to the jurisdiction thereof, or knowingly uses any express 
company or other common carrier or interactive computer 
service (as defined in section 230(e)(2) of the Communica-
tions Act of 1934), for carriage in interstate or foreign 
commerce— 
‘‘(A) any obscene, lewd, lascivious, or filthy book, 
pamphlet, picture, motion-picture film, paper, letter, 
writing, print, or other matter of indecent character; 
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‘‘(B) any obscene, lewd, lascivious, or filthy phono-
graph recording, electrical transcription, or other arti-
cle or thing capable of producing sound; or 
‘‘(C) any drug, medicine, article, or thing designed, 
adapted, or intended for producing abortion, or for any 
indecent or immoral use; or any written or printed 
card, letter, circular, book, pamphlet, advertisement, or 
notice of any kind giving information, directly or indi-
rectly, where, how, or of whom, or by what means any 
of such mentioned articles, matters, or things may be 
obtained or made; or 
‘‘(2) knowingly takes or receives, from such express company 
or other common carrier or interactive computer service (as de-
fined in section 230(e)(2) of the Communications Act of 1934) 
any matter or thing the carriage or importation of which is 
herein made unlawful; 
shall be imprisoned not more than five years for the first such 
offense and shall be imprisoned not more than ten years for 
each such offense thereafter. 
‘‘§ 1443. Transportation of obscene matters for 
sale or distribution 
‘‘(a) OFFENSE.—Whoever knowingly transports or travels in, 
or uses a facility or means of, interstate or foreign commerce 
or an interactive computer service (as defined in section 
230(e)(2) of the Communications Act of 1934) in or affecting 
such commerce for the purpose of sale or distribution, of any 
obscene, lewd, lascivious, or filthy book, pamphlet, picture, film, 
paper, letter, writing, print, silhouette, drawing, figure, image, 
cast, phonograph recording, electrical transcription or other ar-
ticle capable of producing sound or any other matter of inde-
cent or immoral character, shall be imprisoned not more than 
five years. 
‘‘(b) PRESUMPTION.—The transportation as aforesaid of two 
or more copies of any publication or two or more of any article 
of the character described above, or a combined total of five 
such publications and articles, shall create a presumption that 
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such publications or articles are intended for sale or distribu-
tion, but such presumption shall be rebuttable. 
‘‘§ 1444. Engaging in the business of selling or 
transferring obscene matter 
‘‘(a) OFFENSE.—Whoever is engaged in the business of sell-
ing or transferring obscene matter, who knowingly receives or 
possesses with intent to distribute any obscene book, magazine, 
picture, paper, film, videotape, or phonograph or other audio 
recording, which has been shipped or transported in interstate 
or foreign commerce, shall be punished by imprisonment for 
not more than 5 years or by a fine under this title, or both. 
‘‘(b) DEFINITION.—As used in this section, the term ‘en-
gaged in the business’ means that the person who sells or 
transfers or offers to sell or transfer obscene matter devotes 
time, attention, or labor to such activities, as a regular course 
of trade or business, with the objective of earning a profit, al-
though it is not necessary that the person make a profit or that 
the selling or transferring or offering to sell or transfer such 
material be the person’s sole or principal business or source of 
income. The offering for sale of or to transfer, at one time, two 
or more copies of any obscene publication, or two or more of 
any obscene article, or a combined total of five or more such 
publications and articles, shall create a rebuttable presumption 
that the person so offering them is ‘engaged in the business’ 
as defined in this subsection. 
‘‘§ 1445. Obscene visual representations of the sex-
ual abuse of children 
‘‘(a) IN GENERAL.—Whoever, as made applicable by sub-
section (d), knowingly produces, distributes, receives, or pos-
sesses with intent to distribute, a visual depiction of any kind, 
including a drawing, cartoon, sculpture, or painting, that— 
‘‘(1)(A) depicts a minor engaging in sexually explicit con-
duct; and 
‘‘(B) is obscene; or 
‘‘(2)(A) depicts an image that is, or appears to be, of a 
minor engaging in graphic bestiality, sadistic or masochistic 
abuse, or sexual intercourse, including genital-genital, oral- 
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genital, anal-genital, or oral-anal, whether between persons 
of the same or opposite sex; and 
‘‘(B) lacks serious literary, artistic, political, or scientific 
value; 
or attempts or conspires to do so, shall be subject to the pen-
alties provided in section 223(b)(1), including the penalties pro-
vided for cases involving a prior conviction. 
‘‘(b) ADDITIONAL OFFENSES.—Whoever, as made applicable 
by subsection (d), knowingly possesses a visual depiction of any 
kind, including a drawing, cartoon, sculpture, or painting, 
that— 
‘‘(1)(A) depicts a minor engaging in sexually explicit con-
duct; and 
‘‘(B) is obscene; or 
‘‘(2)(A) depicts an image that is, or appears to be, of a 
minor engaging in graphic bestiality, sadistic or masochistic 
abuse, or sexual intercourse, including genital-genital, oral- 
genital, anal-genital, or oral-anal, whether between persons 
of the same or opposite sex; and 
‘‘(B) lacks serious literary, artistic, political, or scientific 
value; 
or attempts or conspires to do so, shall be subject to the pen-
alties provided in section 223(b)(2), including the penalties pro-
vided for cases involving a prior conviction. 
‘‘(c) NONREQUIRED ELEMENT OF OFFENSE.—It is not a re-
quired element of any offense under this section that the minor 
depicted actually exist. 
‘‘(d) APPLICABILITY.—Subsections (a) and (b) apply if— 
‘‘(1) any communication involved in or made in further-
ance of the offense is communicated or transported by the 
mail, or in interstate or foreign commerce by any means, 
including by computer, or any means or instrumentality of 
interstate or foreign commerce is otherwise used in commit-
ting or in furtherance of the commission of the offense; 
‘‘(2) any communication involved in or made in further-
ance of the offense contemplates the transmission or trans-
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portation of a visual depiction by the mail, or in interstate 
or foreign commerce by any means, including by computer; 
‘‘(3) any person travels or is transported in interstate or 
foreign commerce in the course of the commission or in 
furtherance of the commission of the offense; 
‘‘(4) any visual depiction involved in the offense has been 
mailed, or has been shipped or transported in interstate or 
foreign commerce by any means, including by computer, or 
was produced using materials that have been mailed, or 
that have been shipped or transported in interstate or for-
eign commerce by any means, including by computer; or 
‘‘(5) the offense is committed in the special maritime and 
territorial jurisdiction of the United States or in any terri-
tory or possession of the United States. 
‘‘(e) AFFIRMATIVE DEFENSE.—It shall be an affirmative de-
fense to a charge of violating subsection (b) that the defend-
ant— 
‘‘(1) possessed less than 3 such visual depictions; and 
‘‘(2) promptly and in good faith, and without retaining 
or allowing any person, other than a law enforcement agen-
cy, to access any such visual depiction— 
‘‘(A) took reasonable steps to destroy each such vis-
ual depiction; or 
‘‘(B) reported the matter to a law enforcement agen-
cy and afforded that agency access to each such visual 
depiction. 
‘‘(f) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘visual depiction’ includes undeveloped film 
and videotape, and data stored on a computer disk or by 
electronic means which is capable of conversion into a vis-
ual image, and also includes any photograph, film, video, 
picture, digital image or picture, computer image or pic-
ture, or computer generated image or picture, whether 
made or produced by electronic, mechanical, or other 
means; 
‘‘(2) the term ‘sexually explicit conduct’ has the meaning 
given the term in section 229(2)(A) or 229(2)(B); and 
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591 
‘‘(3) the term ‘graphic’, when used with respect to a de-
piction of sexually explicit conduct, means that a viewer 
can observe any part of the genitals or pubic area of any 
depicted person or animal during any part of the time that 
the sexually explicit conduct is being depicted. 
‘‘§ 1446. Presumptions 
‘‘(a) INTERSTATE COMMERCE.—In any prosecution under 
this subchapter in which an element of the offense is that the 
matter in question was transported, shipped, or carried in 
interstate commerce, proof, by either circumstantial or direct 
evidence, that such matter was produced or manufactured in 
one State and is subsequently located in another State shall 
raise a rebuttable presumption that such matter was trans-
ported, shipped, or carried in interstate commerce. 
‘‘(b) FOREIGN COMMERCE.—In any prosecution under this 
subchapter in which an element of the offense is that the mat-
ter in question was transported, shipped, or carried in foreign 
commerce, proof, by either circumstantial or direct evidence, 
that such matter was produced or manufactured outside of the 
United States and is subsequently located in the United States 
shall raise a rebuttable presumption that such matter was 
transported, shipped, or carried in foreign commerce. 
‘‘§ 1447. Transfer of obscene material to minors 
‘‘Whoever, using the mail or any facility or means of inter-
state or foreign commerce, knowingly transfers obscene matter 
to another individual who has not attained the age of 16 years, 
knowing that such other individual has not attained the age of 
16 years, or attempts to do so, shall be imprisoned not more 
than 10 years. 
‘‘SUBCHAPTER G—MONEY LAUNDERING 
‘‘Sec. 
‘‘1451.
Laundering of monetary instruments. 
‘‘1452.
Engaging in monetary transactions in property derived from speci-
fied unlawful activity. 
‘‘1453.
Structuring transactions to evade reporting requirement prohib-
ited. 
‘‘1454.
Bulk cash smuggling into or out of the United States. 
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‘‘§ 1451. Laundering of monetary instruments 
‘‘(a) OFFENSES.—(1) Whoever, knowing that the property 
involved in a financial transaction represents the proceeds of 
some form of unlawful activity, conducts or attempts to con-
duct such a financial transaction which in fact involves the pro-
ceeds of specified unlawful activity— 
‘‘(A)(i) with the intent to promote the carrying on of 
specified unlawful activity; or 
‘‘(ii) with intent to engage in conduct constituting a vio-
lation of section 7201 or 7206 of the Internal Revenue 
Code of 1986; or 
‘‘(B) knowing that the transaction is designed in whole 
or in part— 
‘‘(i) to conceal or disguise the nature, the location, the 
source, the ownership, or the control of the proceeds of 
specified unlawful activity; or 
‘‘(ii) to avoid a transaction reporting requirement under 
State or Federal law, 
shall be sentenced to a fine of not more than $500,000 or twice 
the value of the property involved in the transaction, whichever 
is greater, or imprisonment for not more than twenty years, or 
both. For purposes of this paragraph, a financial transaction 
shall be considered to be one involving the proceeds of specified 
unlawful activity if it is part of a set of parallel or dependent 
transactions, any one of which involves the proceeds of specified 
unlawful activity, and all of which are part of a single plan or 
arrangement. 
‘‘(2) Whoever transports, transmits, or transfers, or attempts 
to transport, transmit, or transfer a monetary instrument or 
funds from a place in the United States to or through a place 
outside the United States or to a place in the United States 
from or through a place outside the United States— 
‘‘(A) with the intent to promote the carrying on of speci-
fied unlawful activity; or 
‘‘(B) knowing that the monetary instrument or funds in-
volved in the transportation, transmission, or transfer rep-
resent the proceeds of some form of unlawful activity and 
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knowing that such transportation, transmission, or transfer 
is designed in whole or in part— 
‘‘(i) to conceal or disguise the nature, the location, 
the source, the ownership, or the control of the pro-
ceeds of specified unlawful activity; or 
‘‘(ii) to avoid a transaction reporting requirement 
under State or Federal law, 
shall be sentenced to a fine of not more than $500,000 or twice 
the value of the monetary instrument or funds involved in the 
transportation, transmission, or transfer, whichever is greater, 
or imprisonment for not more than twenty years, or both. For 
the purpose of the offense described in subparagraph (B), the 
defendant’s knowledge may be established by proof that a law 
enforcement officer represented the matter specified in sub-
paragraph (B) as true, and the defendant’s subsequent state-
ments or actions indicate that the defendant believed such rep-
resentations to be true. 
‘‘(3) Whoever, with the intent— 
‘‘(A) to promote the carrying on of specified unlawful ac-
tivity; 
‘‘(B) to conceal or disguise the nature, location, source, 
ownership, or control of property believed to be the pro-
ceeds of specified unlawful activity; or 
‘‘(C) to avoid a transaction reporting requirement under 
State or Federal law, 
conducts or attempts to conduct a financial transaction involv-
ing property represented to be the proceeds of specified unlaw-
ful activity, or property used to conduct or facilitate specified 
unlawful activity, shall be imprisoned for not more than 20 
years. For purposes of this paragraph and paragraph (2), the 
term ‘represented’ means any representation made by a law en-
forcement officer or by another person at the direction of, or 
with the approval of, a Federal official authorized to investigate 
or prosecute violations of this section. 
‘‘(b) PENALTIES.— 
‘‘(1) IN GENERAL.—Whoever conducts or attempts to 
conduct a transaction described in subsection (a)(1) or 
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(a)(3), or section 1452, or a transportation, transmission, 
or transfer described in subsection (a)(2), is liable to the 
United States for a civil penalty of not more than the 
greater of— 
‘‘(A) the value of the property, funds, or monetary 
instruments involved in the transaction; or 
‘‘(B) $10,000. 
‘‘(2) JURISDICTION OVER FOREIGN PERSONS.—For pur-
poses of adjudicating an action filed or enforcing a penalty 
ordered under this section, the district courts shall have ju-
risdiction over any foreign person, including any financial 
institution authorized under the laws of a foreign country, 
against whom the action is brought, if service of process 
upon the foreign person is made under the Federal Rules 
of Civil Procedure or the laws of the country in which the 
foreign person is found, and— 
‘‘(A) the foreign person commits an offense under 
subsection (a) involving a financial transaction that oc-
curs in whole or in part in the United States; 
‘‘(B) the foreign person converts, to his or her own 
use, property in which the United States has an owner-
ship interest by virtue of the entry of an order of for-
feiture by a court of the United States; or 
‘‘(C) the foreign person is a financial institution that 
maintains a bank account at a financial institution in 
the United States. 
‘‘(3) COURT AUTHORITY OVER ASSETS.—A court may 
issue a pretrial restraining order or take any other action 
necessary to ensure that any bank account or other prop-
erty held by the defendant in the United States is available 
to satisfy a judgment under this section. 
‘‘(4) FEDERAL RECEIVER.— 
‘‘(A) IN GENERAL.—A court may appoint a Federal 
Receiver, in accordance with subparagraph (B) of this 
paragraph, to collect, marshal, and take custody, con-
trol, and possession of all assets of the defendant, 
wherever located, to satisfy a civil judgment under this 
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subsection, a forfeiture judgment under section 981 or 
982, or a criminal sentence under section 1957 or sub-
section (a) of this section, including an order of restitu-
tion to any victim of a specified unlawful activity. 
‘‘(B) APPOINTMENT
AND
AUTHORITY.—A Federal 
Receiver described in subparagraph (A)— 
‘‘(i) may be appointed upon application of a Fed-
eral prosecutor or a Federal or State regulator, by 
the court having jurisdiction over the defendant in 
the case; 
‘‘(ii) shall be an officer of the court, and the 
powers of the Federal Receiver shall include the 
powers set out in section 754 of title 28, United 
States Code; and 
‘‘(iii) shall have standing equivalent to that of a 
Federal prosecutor for the purpose of submitting 
requests to obtain information regarding the assets 
of the defendant— 
‘‘(I) from the Financial Crimes Enforcement 
Network of the Department of the Treasury; or 
‘‘(II) from a foreign country pursuant to a 
mutual legal assistance treaty, multilateral 
agreement, or other arrangement for inter-
national law enforcement assistance, provided 
that such requests are in accordance with the 
policies and procedures of the Attorney Gen-
eral. 
‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘knowing that the property involved in a 
financial transaction represents the proceeds of some form 
of unlawful activity’ means that the person knew the prop-
erty involved in the transaction represented proceeds from 
some form, though not necessarily which form, of activity 
that constitutes a felony under State, Federal, or foreign 
law, regardless of whether or not such activity is specified 
in paragraph (7); 
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‘‘(2) the term ‘conducts’ includes initiating, concluding, 
or participating in initiating, or concluding a transaction; 
‘‘(3) the term ‘transaction’ includes a purchase, sale, 
loan, pledge, gift, transfer, delivery, or other disposition, 
and with respect to a financial institution includes a de-
posit, withdrawal, transfer between accounts, exchange of 
currency, loan, extension of credit, purchase or sale of any 
stock, bond, certificate of deposit, or other monetary instru-
ment, use of a safe deposit box, or any other payment, 
transfer, or delivery by, through, or to a financial institu-
tion, by whatever means effected; 
‘‘(4) the term ‘financial transaction’ means (A) a trans-
action which in any way or degree affects interstate or for-
eign commerce (i) involving the movement of funds by wire 
or other means or (ii) involving one or more monetary in-
struments, or (iii) involving the transfer of title to any real 
property, vehicle, vessel, or aircraft, or (B) a transaction 
involving the use of a financial institution which is engaged 
in, or the activities of which affect, interstate or foreign 
commerce in any way or degree; 
‘‘(5) the term ‘monetary instruments’ means (i) coin or 
currency of the United States or of any other country, trav-
elers’ checks, personal checks, bank checks, and money or-
ders, or (ii) investment securities or negotiable instruments, 
in bearer form or otherwise in such form that title thereto 
passes upon delivery; 
‘‘(6) the term ‘financial institution’ means— 
‘‘(A) any financial institution, as defined in section 
5312(a)(2) of title 31, or regulations under such sec-
tion; or 
‘‘(B) any foreign bank, as defined in section 1 of the 
International Banking Act of 1978 (12 U.S.C. 3101); 
‘‘(7) the term ‘specified unlawful activity’ means— 
‘‘(A) any act or activity constituting an offense listed 
in section 511(1) of this title except an act which is in-
dictable under subchapter II of chapter 53 of title 31; 
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‘‘(B) with respect to a financial transaction occur-
ring in whole or in part in the United States, an of-
fense against a foreign nation involving— 
‘‘(i) the manufacture, importation, sale, or dis-
tribution of a controlled substance (as such term is 
defined for the purposes of the Controlled Sub-
stances Act); 
‘‘(ii) murder, kidnapping, robbery, extortion, de-
struction of property by means of explosive or fire, 
or a crime of violence; 
‘‘(iii) fraud, or any scheme or attempt to de-
fraud, by or against a foreign bank (as defined in 
paragraph 7 of section 1(b) of the International 
Banking Act of 1978)); 
‘‘(iv) bribery of a public official, or the misappro-
priation, theft, or embezzlement of public funds by 
or for the benefit of a public official; 
‘‘(v) smuggling or export control violations in-
volving— 
‘‘(I) an item controlled on the United States 
Munitions List established under section 38 of 
the Arms Export Control Act (22 U.S.C. 
2778); or 
‘‘(II) an item controlled under regulations 
under the Export Administration Regulations 
(15 C.F.R. Parts 730–774); or 
‘‘(vi) an offense with respect to which the United 
States would be obligated by a multilateral treaty, 
either to extradite the alleged offender or to submit 
the case for prosecution, if the offender were found 
within the territory of the United States; or 
‘‘(vii) trafficking in persons, selling or buying of 
children, sexual exploration or children, or trans-
porting, recruiting or harboring a person, including 
a child, for commercial sex acts; 
‘‘(C) any act or acts constituting a continuing crimi-
nal enterprise, as that term is defined in section 413; 
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‘‘(D) an offense under section 1301 (relating to the 
destruction of aircraft), section 1306 (relating to vio-
lence at international airports), section 102 (relating 
murder), section 871 (relating to concealment of assets; 
false oaths and claims; bribery), section 624 (relating 
to the variola virus), section 1003 (relating to commis-
sions or gifts for procuring loans), section 102(7) (re-
lating to congressional or Cabinet officer assassina-
tion), any of sections 711 through 712 (relating to cer-
tain counterfeiting offenses), section 718 (relating to 
securities of States and private entities), section 861 
(relating to goods falsely classified), section 862 relat-
ing to entry of goods by means of false statements), 
section 863 (relating to smuggling goods into the 
United States), section 865 (relating to removing goods 
from Customs custody), section 867 (relating to smug-
gling goods from the United States), section 641 (relat-
ing to public money, property, or records), section 644 
(relating to theft, embezzlement, or misapplication by 
bank officer or employee), section 645 (relating to lend-
ing, credit, and insurance institutions), section 646 (re-
lating to property mortgaged or pledged to farm credit 
agencies), section 654 (relating to theft or bribery con-
cerning programs receiving Federal funds), section 301, 
302, or 303 (relating to espionage), section 601 (relat-
ing to prohibited transactions involving nuclear mate-
rials), section 614 (f) or (i) (relating to destruction by 
explosives or fire of Government property or property 
affecting interstate or foreign commerce), section 144 
(relating to interstate communications), section 582(1) 
(relating to the unlawful importation of firearms), sec-
tion 584(n) (relating to firearms trafficking), section 
955 (relating to conspiracy to kill, kidnap, maim, or in-
jure certain property in a foreign country), section 773 
(relating to fraudulent bank entries), section 774 (re-
lating to fraudulent Federal credit institution entries), 
section 775 (relating to Federal Deposit Insurance 
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transactions), section 779 (relating to fraudulent loan 
or credit applications), section 787 (relating to com-
puter fraud and abuse), section 789 (relating to con-
cealment of assets from conservator, receiver, or liqui-
dating agent of financial institution), section 121 (re-
lating to kidnaping), section 123 (relating to hostage 
taking), section 1201 (relating to willful injury of Gov-
ernment property), section 1203 (relating to destruc-
tion of property within the special maritime and terri-
torial jurisdiction), section 847 (theft from the mail), 
section 143 (relating to bank robbery), section 1351 
(relating to violence against maritime navigation), sec-
tion 676 (relating to copyright infringement), section 
680 (relating to trafficking in counterfeit goods and 
services), section 271 (relating to use of weapons of 
mass destruction), section 273 (relating to inter-
national terrorist acts transcending national bound-
aries), section 274 (relating to missile systems designed 
to destroy aircraft), section 275 (relating to radio-
logical dispersal devices), section 278 or 279 (relating 
to providing material support to terrorists) section 280 
(relating to prohibitions against the financing of ter-
rorism), or section 281 (relating to receiving military- 
type training from a foreign terrorist) of this title, sec-
tion 46502 of title 49, United States Code, a felony 
violation of the Chemical Diversion and Trafficking Act 
of 1988 (relating to precursor and essential chemicals), 
section 590 of the Tariff Act of 1930 (19 U.S.C. 1590) 
(relating to aviation smuggling), section 422 of the 
Controlled Substances Act (relating to transportation 
of drug paraphernalia), section 38(c) (relating to crimi-
nal violations) of the Arms Export Control Act, section 
11 (relating to violations) of the Export Administration 
Act of 1979, section 206 (relating to penalties) of the 
International Emergency Economic Powers Act, section 
16 (relating to offenses and punishment) of the Trad-
ing with the Enemy Act, any felony violation of section 
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15 of the Food Stamp Act of 1977 (relating to food 
stamp fraud) involving a quantity of coupons having a 
value of not less than $5,000, any violation of section 
543(a)(1) of the Housing Act of 1949 (relating to eq-
uity skimming), any felony violation of the Foreign 
Agents Registration Act of 1938, any felony violation 
of the Foreign Corrupt Practices Act, or section 92 of 
the Atomic Energy Act of 1954 (42 U.S.C. 2122) (re-
lating to prohibitions governing atomic weapons); 
‘‘(E) a felony violation of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1251 et seq.), the Ocean 
Dumping Act (33 U.S.C. 1401 et seq.), the Act to Pre-
vent Pollution from Ships (33 U.S.C. 1901 et seq.), the 
Safe Drinking Water Act (42 U.S.C. 300f et seq.), or 
the Resources Conservation and Recovery Act (42 
U.S.C. 6901 et seq.); or 
‘‘(F) any act or activity constituting an offense in-
volving a Federal health care offense; and 
‘‘(8) the term ‘State’ includes a State of the United 
States, the District of Columbia, and any commonwealth, 
territory, or possession of the United States. 
‘‘(d) NONEXCLUSIVITY.—Nothing in this section shall super-
sede any provision of Federal, State, or other law imposing 
criminal penalties or affording civil remedies in addition to 
those provided for in this section. 
‘‘(e) INVESTIGATIVE AUTHORITY.—Violations of this section 
may be investigated by such components of the Department of 
Justice as the Attorney General may direct, and by such com-
ponents of the Department of the Treasury as the Secretary of 
the Treasury may direct, as appropriate, and, with respect to 
offenses over which the Department of Homeland Security has 
jurisdiction, by such components of the Department of Home-
land Security as the Secretary of Homeland Security may di-
rect, and, with respect to offenses over which the United States 
Postal Service has jurisdiction, by the Postal Service. Such au-
thority of the Secretary of the Treasury, the Secretary of 
Homeland Security, and the Postal Service shall be exercised 
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in accordance with an agreement which shall be entered into 
by the Secretary of the Treasury, the Secretary of Homeland 
Security, the Postal Service, and the Attorney General. Viola-
tions of this section involving offenses described in paragraph 
(c)(7)(E) may be investigated by such components of the De-
partment of Justice as the Attorney General may direct, and 
the National Enforcement Investigations Center of the Envi-
ronmental Protection Agency. 
‘‘(f) 
EXTRATERRIOTORIAL
JURISDICTION.—There 
is 
extraterritorial jurisdiction over the conduct prohibited by this 
section if— 
‘‘(1) the conduct is by a United States citizen or, in the 
case of a non-United States citizen, the conduct occurs in 
part in the United States; and 
‘‘(2) the transaction or series of related transactions in-
volves funds or monetary instruments of a value exceeding 
$10,000. 
‘‘(g) NOTICE
OF
CONVICTION
OF
FINANCIAL
INSTITU-
TIONS.—If any financial institution or any officer, director, or 
employee of any financial institution has been found guilty of 
an offense under this section, section 1452 or 508, or section 
5322 or 5324 of title 31, the Attorney General shall provide 
written notice of such fact to the appropriate regulatory agency 
for the financial institution. 
‘‘(h) VENUE.—(1) Except as provided in paragraph (2), a 
prosecution for an offense under this section or section 1452 
may be brought in— 
‘‘(A) any district in which the financial or monetary 
transaction is conducted; or 
‘‘(B) any district where a prosecution for the underlying 
specified unlawful activity could be brought, if the defend-
ant participated in the transfer of the proceeds of the spec-
ified unlawful activity from that district to the district 
where the financial or monetary transaction is conducted. 
‘‘(2) A prosecution for an attempt or conspiracy offense 
under this section or section 1957 may be brought in the dis-
trict where venue would lie for the completed offense under 
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paragraph (1), or in any other district where an act in further-
ance of the attempt or conspiracy took place. 
‘‘(3) For purposes of this section, a transfer of funds from 
1 place to another, by wire or any other means, shall constitute 
a single, continuing transaction. Any person who conducts (as 
that term is defined in subsection (c)(2)) any portion of the 
transaction may be charged in any district in which the trans-
action takes place. 
‘‘§ 1452. Engaging in monetary transactions in 
property derived from specified unlawful 
activity 
‘‘(a) ELEMENTS OF OFFENSE.—Whoever, as made applicable 
by subsection (d), knowingly engages or attempts to engage in 
a monetary transaction in criminally derived property of a 
value greater than $10,000 and is derived from specified un-
lawful activity, shall be punished as provided in subsection (b). 
‘‘(b) PUNISHMENT.—(1) Except as provided in paragraph 
(2), the punishment for an offense under this section is impris-
onment for not more than ten years. 
‘‘(2) The court may impose an alternate fine to that 
imposable under paragraph (1) of not more than twice the 
amount of the criminally derived property involved in the trans-
action. 
‘‘(c) PROOF.—In a prosecution for an offense under this sec-
tion, the Government is not required to prove the defendant 
knew that the offense from which the criminally derived prop-
erty was derived was specified unlawful activity. 
‘‘(d) APPLICABILITY.—Subsection (a) applies if— 
‘‘(1) that the offense under this section takes place in 
the United States or in the special maritime and territorial 
jurisdiction of the United States; or 
‘‘(2) that the offense under this section takes place out-
side the United States and such special jurisdiction, but the 
defendant is a United States person (as defined in section 
3077 of this title, but excluding the class described in para-
graph (2)(D) of such section). 
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‘‘(e) INVESTIGATIVE AUTHORITY.—Violations of this section 
may be investigated by such components of the Department of 
Justice as the Attorney General may direct, and by such com-
ponents of the Department of the Treasury as the Secretary of 
the Treasury may direct, as appropriate, and, with respect to 
offenses over which the Department of Homeland Security has 
jurisdiction, by such components of the Department of Home-
land Security as the Secretary of Homeland Security may di-
rect, and, with respect to offenses over which the United States 
Postal Service has jurisdiction, by the Postal Service. Such au-
thority of the Secretary of the Treasury, the Secretary of 
Homeland Security, and the Postal Service shall be exercised 
in accordance with an agreement which shall be entered into 
by the Secretary of the Treasury, the Secretary of Homeland 
Security, the Postal Service, and the Attorney General. 
‘‘(f) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘monetary transaction’ means the deposit, 
withdrawal, transfer, or exchange, in or affecting interstate 
or foreign commerce, of funds or a monetary instrument 
(as defined in section 1451(c)(5) of this title) by, through, 
or to a financial institution (as defined in section 1451 of 
this title), including any transaction that would be a finan-
cial transaction under section 1451(c)(4)(B) of this title, 
but such term does not include any transaction necessary 
to preserve a person’s right to representation as guaranteed 
by the sixth amendment to the Constitution; 
‘‘(2) the term ‘criminally derived property’ means any 
property constituting, or derived from, proceeds obtained 
from a criminal offense; and 
‘‘(3) the term ‘specified unlawful activity’ has the mean-
ing given that term in section 1451 of this title. 
‘‘§ 1453. Structuring transactions to evade report-
ing requirement prohibited 
‘‘(a) DOMESTIC COIN AND CURRENCY TRANSACTIONS IN-
VOLVING FINANCIAL INSTITUTIONS.—No person shall, for the 
purpose of evading the reporting requirements of section 
5313(a) or 5325 of title 31 or any regulation prescribed under 
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any such section, the reporting or recordkeeping requirements 
imposed by any order issued under section 5326 of that title, 
or the recordkeeping requirements imposed by any regulation 
prescribed under section 21 of the Federal Deposit Insurance 
Act or section 123 of Public Law 91–508— 
‘‘(1) cause or attempt to cause a domestic financial insti-
tution to fail to file a report required under section 5313(a) 
or 5325 of title 31 or any regulation prescribed under any 
such section, to file a report or to maintain a record re-
quired by an order issued under section 5326 of title 31, 
or to maintain a record required pursuant to any regulation 
prescribed under section 21 of the Federal Deposit Insur-
ance Act or section 123 of Public Law 91–508; 
‘‘(2) cause or attempt to cause a domestic financial insti-
tution to file a report required under section 5313(a) or 
5325 of title 31 or any regulation prescribed under any 
such section, to file a report or to maintain a record re-
quired by any order issued under section 5326 of title 31, 
or to maintain a record required pursuant to any regulation 
prescribed under section 5326 of title 31, or to maintain 
a record required pursuant to any regulation prescribed 
under section 21 of the Federal Deposit Insurance Act or 
section 123 of Public Law 91–508, that contains a material 
omission or misstatement of fact; or 
‘‘(3) structure or assist in structuring, or attempt to 
structure or assist in structuring, any transaction with one 
or more domestic financial institutions. 
‘‘(b) DOMESTIC COIN AND CURRENCY TRANSACTIONS IN-
VOLVING NONFINANCIAL TRADES OR BUSINESSES.—No person 
shall, for the purpose of evading the report requirements of sec-
tion 5331 of title 31 or any regulation prescribed under such 
section— 
‘‘(1) cause or attempt to cause a nonfinancial trade or 
business to fail to file a report required under section 5331 
of title 31 or any regulation prescribed under such section; 
‘‘(2) cause or attempt to cause a nonfinancial trade or 
business to file a report required under section 5331 of 
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title 31 or any regulation prescribed under such section 
that contains a material omission or misstatement of fact; 
or 
‘‘(3) structure or assist in structuring, or attempt to 
structure or assist in structuring, any transaction with 1 
or more nonfinancial trades or businesses. 
‘‘(c) INTERNATIONAL
MONETARY
INSTRUMENT
TRANS-
ACTIONS.—No person shall, for the purpose of evading the re-
porting requirements of section 5316 of title 31— 
‘‘(1) fail to file a report required by section 5316 of title 
31, or cause or attempt to cause a person to fail to file 
such a report; 
‘‘(2) file or cause or attempt to cause a person to file 
a report required under section 5316 of title 31 that con-
tains a material omission or misstatement of fact; or 
‘‘(3) structure or assist in structuring, or attempt to 
structure or assist in structuring, any importation or expor-
tation of monetary instruments. 
‘‘(d) CRIMINAL PENALTY.— 
‘‘(1) IN GENERAL.—Whoever violates this section shall 
be imprisoned for not more than 5 years. 
‘‘(2) ENHANCED PENALTY FOR AGGRAVATED CASES.— 
Whoever violates this section while violating another law of 
the United States or as part of a pattern of any illegal ac-
tivity involving more than $100,000 in a 12-month period 
shall be imprisoned for not more than 10 years. 
‘‘§ 1454. Bulk cash smuggling into or out of the 
United States 
‘‘(a) CRIMINAL OFFENSE.— 
‘‘(1) IN GENERAL.—Whoever, with the intent to evade a 
currency reporting requirement under section 5316 of title 
31, knowingly conceals more than $10,000 in currency or 
other monetary instruments on the person of such indi-
vidual or in any conveyance, article of luggage, merchan-
dise, or other container, and transports or transfers or at-
tempts to transport or transfer such currency or monetary 
instruments from a place within the United States to a 
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place outside of the United States, or from a place outside 
the United States to a place within the United States, shall 
be guilty of a currency smuggling offense and subject to 
punishment pursuant to subsection (b). 
‘‘(2) CONCEALMENT ON PERSON.—For purposes of this 
section, the concealment of currency on the person of any 
individual includes concealment in any article of clothing 
worn by the individual or in any luggage, backpack, or 
other container worn or carried by such individual. 
‘‘(b) PENALTY.— 
‘‘(1) TERM OF IMPRISONMENT.—A person convicted of a 
currency smuggling offense under subsection (a), or a con-
spiracy to commit such offense, shall be imprisoned for not 
more than 5 years. 
‘‘(2) FORFEITURE.—In addition, the court, in imposing 
sentence under paragraph (1), shall order that the defend-
ant forfeit to the United States, any property, real or per-
sonal, involved in the offense, and any property traceable 
to such property, subject to subsection (c) of this section. 
‘‘(3) PROCEDURE.—The seizure, restraint, and forfeiture 
of property under this section shall be governed by section 
413 of the Controlled Substances Act. 
‘‘(4) PERSONAL
MONEY
JUDGMENT.—If the property 
subject to forfeiture under paragraph (2) is unavailable, 
and the defendant has insufficient substitute property that 
may be forfeited under section 2561, the court shall enter 
a personal money judgment against the defendant for the 
amount that would be subject to forfeiture. 
‘‘(c) CIVIL FORFEITURE.— 
‘‘(1) IN GENERAL.—Any property involved in a violation 
of subsection (a), or a conspiracy to commit such violation, 
and any property traceable to such violation or conspiracy, 
may be seized and forfeited to the United States. 
‘‘(2) TREATMENT OF CERTAIN PROPERTY AS INVOLVED 
IN THE OFFENSE.—For purposes of this subsection and 
subsection (b), any currency or other monetary instrument 
that is concealed or intended to be concealed in violation 
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of subsection (a), any article, container, or conveyance 
used, or intended to be used, to conceal or transport the 
currency or other monetary instrument, and any other 
property used, or intended to be used, to facilitate the of-
fense, shall be considered property involved in the offense. 
‘‘CHAPTER 37—PRIVACY 
‘‘Subchapter 
Sec. 
‘‘A. Privacy ....................................................................................
1481 
‘‘B. Wire and electronic communications interception 
and interception of oral communications ......
1491 
‘‘C. Stored wire and electronic communications and 
transactional records access ...............................
1521 
‘‘D. Prohibition on release and use of certain per-
sonal information from State motor vehicle 
records .........................................................................
1541 
‘‘E. Identity theft .........................................................................
1551 
‘‘SUBCHAPTER A—PRIVACY 
‘‘Sec. 
‘‘1481.
Video voyeurism. 
‘‘§ 1481. Video voyeurism 
‘‘(a) OFFENSE.—Whoever, in the special maritime and terri-
torial jurisdiction of the United States, has the intent to cap-
ture an image of a private area of an individual without their 
consent, and knowingly does so under circumstances in which 
the individual has a reasonable expectation of privacy, shall be 
imprisoned not more than one year. 
‘‘(b) DEFINITIONS FOR SECTION.—As used in this section— 
‘‘(1) the term ‘capture’, with respect to an image, means 
to videotape, photograph, film, record by any means, or 
broadcast; 
‘‘(2) the term ‘broadcast’ means to electronically trans-
mit a visual image with the intent that it be viewed by a 
person or persons; 
‘‘(3) the term ‘a private area of the individual’ means the 
naked or undergarment clad genitals, pubic area, buttocks, 
or female breast of that individual; 
‘‘(4) the term ‘female breast’ means any portion of the 
female breast below the top of the areola; and 
‘‘(5) the term ‘under circumstances in which that indi-
vidual has a reasonable expectation of privacy’ means— 
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‘‘(A) circumstances in which a reasonable person 
would believe that he or she could disrobe in privacy, 
without being concerned that an image of a private 
area of the individual was being captured; or 
‘‘(B) circumstances in which a reasonable person 
would believe that a private area of the individual 
would not be visible to the public, regardless of whether 
that person is in a public or private place. 
‘‘(c) EXCLUSION.—This section does not prohibit any lawful 
law enforcement, correctional, or intelligence activity. 
‘‘SUBCHAPTER B—WIRE AND ELECTRONIC COMMU-
NICATIONS INTERCEPTION AND INTERCEPTION 
OF ORAL COMMUNICATIONS 
‘‘Sec. 
‘‘1491.
Definitions. 
‘‘1492.
Interception and disclosure of wire, oral, or electronic communica-
tions prohibited. 
‘‘1493.
Manufacture, distribution, possession, and advertising of wire, oral, 
or electronic communication intercepting devices prohibited. 
‘‘1494.
Confiscation of wire, oral, or electronic communication intercepting 
devices. 
‘‘1495.
Prohibition of use as evidence of intercepted wire or oral commu-
nications. 
‘‘1496.
Authorization for interception of wire, oral, or electronic commu-
nications. 
‘‘1497.
Authorization for disclosure and use of intercepted wire, oral, or 
electronic communications. 
‘‘1498.
Procedure for interception of wire, oral, or electronic communica-
tions. 
‘‘1499.
Reports concerning intercepted wire, oral, or electronic communica-
tions. 
‘‘1500.
Recovery of civil damages authorized. 
‘‘1501.
Injunction against illegal interception. 
‘‘1502.
Enforcement of the Communications Assistance for Law Enforce-
ment Act. 
‘‘§ 1491. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘wire communication’ means any aural 
transfer made in whole or in part through the use of facili-
ties for the transmission of communications by the aid of 
wire, cable, or other like connection between the point of 
origin and the point of reception (including the use of such 
connection in a switching station) furnished or operated by 
any person engaged in providing or operating such facilities 
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for the transmission of interstate or foreign communica-
tions or communications affecting interstate or foreign 
commerce; 
‘‘(2) the term ‘oral communication’ means any oral com-
munication uttered by a person exhibiting an expectation 
that such communication is not subject to interception 
under circumstances justifying such expectation, but such 
term does not include any electronic communication; 
‘‘(3) the term ‘intercept’ means the aural or other acqui-
sition of the contents of any wire, electronic, or oral com-
munication through the use of any electronic, mechanical, 
or other device; 
‘‘(4) the term ‘electronic, mechanical, or other device’ 
means any device or apparatus which can be used to inter-
cept a wire, oral, or electronic communication other than— 
‘‘(A) any telephone or telegraph instrument, equip-
ment or facility, or any component thereof, (i) fur-
nished to the subscriber or user by a provider of wire 
or electronic communication service in the ordinary 
course of its business and being used by the subscriber 
or user in the ordinary course of its business or fur-
nished by such subscriber or user for connection to the 
facilities of such service and used in the ordinary 
course of its business; or (ii) being used by a provider 
of wire or electronic communication service in the ordi-
nary course of its business, or by an investigative or 
law enforcement officer in the ordinary course of his 
duties; 
‘‘(B) a hearing aid or similar device being used to 
correct subnormal hearing to not better than normal; 
‘‘(5) the term ‘Investigative or law enforcement officer’ 
means any officer of the United States or of a State or po-
litical subdivision thereof, who is empowered by law to con-
duct investigations of or to make arrests for offenses enu-
merated in this chapter, and any attorney authorized by 
law to prosecute or participate in the prosecution of such 
offenses; 
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610 
‘‘(6) the term ‘contents’, when used with respect to any 
wire, oral, or electronic communication, includes any infor-
mation concerning the substance, purport, or meaning of 
that communication; 
‘‘(7) the term ‘Judge of competent jurisdiction’ means— 
‘‘(A) a judge of a United States district court or a 
United States court of appeals; and 
‘‘(B) a judge of any court of general criminal juris-
diction of a State who is authorized by a statute of that 
State to enter orders authorizing interceptions of wire, 
oral, or electronic communications; 
‘‘(8) the term ‘communication common carrier’ has the 
meaning given that term in section 3 of the Communica-
tions Act of 1934; 
‘‘(9) the term ‘aggrieved person’ means a person who 
was a party to any intercepted wire, oral, or electronic com-
munication or a person against whom the interception was 
directed; 
‘‘(10) the term ‘electronic communication’ means any 
transfer of signs, signals, writing, images, sounds, data, or 
intelligence of any nature transmitted in whole or in part 
by a wire, radio, electromagnetic, photoelectronic or 
photooptical system that affects interstate or foreign com-
merce, but does not include— 
‘‘(A) any wire or oral communication; 
‘‘(B) any communication made through a tone-only 
paging device; 
‘‘(C) any communication from a tracking device (as 
defined in section 3117 of this title); or 
‘‘(D) electronic funds transfer information stored by 
a financial institution in a communications system used 
for the electronic storage and transfer of funds; 
‘‘(11) the term ‘user’ means any person or entity who— 
‘‘(A) uses an electronic communication service; and 
‘‘(B) is duly authorized by the provider of such serv-
ice to engage in such use; 
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‘‘(12) the term ‘electronic communications system’ 
means any wire, radio, electromagnetic, photooptical or 
photoelectronic facilities for the transmission of wire or 
electronic communications, and any computer facilities or 
related electronic equipment for the electronic storage of 
such communications; 
‘‘(13) the term ‘electronic communication service’ means 
any service which provides to users thereof the ability to 
send or receive wire or electronic communications; 
‘‘(14) the term ‘readily accessible to the general public’ 
means, with respect to a radio communication, that such 
communication is not— 
‘‘(A) scrambled or encrypted; 
‘‘(B) transmitted using modulation techniques whose 
essential parameters have been withheld from the pub-
lic with the intention of preserving the privacy of such 
communication; 
‘‘(C) carried on a subcarrier or other signal sub-
sidiary to a radio transmission; 
‘‘(D) transmitted over a communication system pro-
vided by a common carrier, unless the communication 
is a tone only paging system communication; or 
‘‘(E) transmitted on frequencies allocated under part 
25, subpart D, E, or F of part 74, or part 94 of the 
Rules of the Federal Communications Commission, un-
less, in the case of a communication transmitted on a 
frequency allocated under part 74 that is not exclu-
sively allocated to broadcast auxiliary services, the com-
munication is a two-way voice communication by radio; 
‘‘(15) the term ‘electronic storage’ means— 
‘‘(A) any temporary, intermediate storage of a wire 
or electronic communication incidental to the electronic 
transmission thereof; and 
‘‘(B) any storage of such communication by an elec-
tronic communication service for purposes of backup 
protection of such communication; 
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‘‘(16) the term ‘aural transfer’ means a transfer con-
taining the human voice at any point between and includ-
ing the point of origin and the point of reception; 
‘‘(17) the term ‘foreign intelligence information’, for pur-
poses of section 1497(6), means— 
‘‘(A) information, whether or not concerning a 
United States person, that relates to the ability of the 
United States to protect against— 
‘‘(i) actual or potential attack or other grave hos-
tile acts of a foreign power or an agent of a foreign 
power; 
‘‘(ii) sabotage or international terrorism by a for-
eign power or an agent of a foreign power; or 
‘‘(iii) clandestine intelligence activities by an in-
telligence service or network of a foreign power or 
by an agent of a foreign power; or 
‘‘(B) information, whether or not concerning a 
United States person, with respect to a foreign power 
or foreign territory that relates to— 
‘‘(i) the national defense or the security of the 
United States; or 
‘‘(ii) the conduct of the foreign affairs of the 
United States; 
‘‘(18) the term ‘protected computer’ has the meaning set 
forth in section 1030; and 
‘‘(19) the term ‘computer trespasser’— 
‘‘(A) means a person who accesses a protected com-
puter without authorization and thus has no reasonable 
expectation of privacy in any communication trans-
mitted to, through, or from the protected computer; 
and 
‘‘(B) does not include a person known by the owner 
or operator of the protected computer to have an exist-
ing contractual relationship with the owner or operator 
of the protected computer for access to all or part of 
the protected computer. 
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‘‘§ 1492. Interception and disclosure of wire, oral, 
or electronic communications prohibited 
‘‘(a) OFFENSE.—Except as otherwise specifically provided in 
this subchapter any person who— 
‘‘(1) intentionally intercepts, endeavors to intercept, or 
procures any other person to intercept or endeavor to inter-
cept, any wire, oral, or electronic communication; 
‘‘(2) intentionally uses, endeavors to use, or procures any 
other person to use or endeavor to use any electronic, me-
chanical, or other device to intercept any oral communica-
tion when— 
‘‘(A) such device is affixed to, or otherwise transmits 
a signal through, a wire, cable, or other like connection 
used in wire communication; 
‘‘(B) such device transmits communications by radio, 
or interferes with the transmission of such communica-
tion; 
‘‘(C) such person knows, or has reason to know, that 
such device or any component thereof has been sent 
through the mail or transported in interstate or foreign 
commerce; 
‘‘(D) such use or endeavor to use (i) takes place on 
the premises of any business or other commercial es-
tablishment the operations of which affect interstate or 
foreign commerce; or (ii) obtains or is for the purpose 
of obtaining information relating to the operations of 
any business or other commercial establishment the op-
erations of which affect interstate or foreign commerce; 
or 
‘‘(E) such person acts in the District of Columbia, 
the Commonwealth of Puerto Rico, or any territory or 
possession of the United States; 
‘‘(3) intentionally discloses, or endeavors to disclose, to 
any other person the contents of any wire, oral, or elec-
tronic communication, knowing or having reason to know 
that the information was obtained through the interception 
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of a wire, oral, or electronic communication in violation of 
this subsection; 
‘‘(4) intentionally uses, or endeavors to use, the contents 
of any wire, oral, or electronic communication, knowing or 
having reason to know that the information was obtained 
through the interception of a wire, oral, or electronic com-
munication in violation of this subsection; or 
‘‘(5)(A) intentionally discloses, or endeavors to disclose, 
to any other person the contents of any wire, oral, or elec-
tronic communication, intercepted by means authorized by 
sections 1497(2)(A)(ii), 1497(2)(b)–(c), 1492(2)(e), 1496, 
and 1498 of this subchapter; 
‘‘(B) knowing or having reason to know that the infor-
mation was obtained through the interception of such a 
communication in connection with a criminal investigation; 
‘‘(C) having obtained or received the information in con-
nection with a criminal investigation; and 
‘‘(D) with intent to improperly obstruct, impede, or 
interfere with a duly authorized criminal investigation, 
shall be punished as provided in subsection (d) or shall be sub-
ject to suit as provided in subsection (5). 
‘‘(b) EXCLUSIONS.—(1)(A) It shall not be unlawful under 
this subchapter for an operator of a switchboard, or an officer, 
employee, or agent of a provider of wire or electronic commu-
nication service, whose facilities are used in the transmission of 
a wire or electronic communication, to intercept, disclose, or 
use that communication in the normal course of his employ-
ment while engaged in any activity which is a necessary inci-
dent to the rendition of his service or to the protection of the 
rights or property of the provider of that service, except that 
a provider of wire communication service to the public shall not 
utilize service observing or random monitoring except for me-
chanical or service quality control checks. 
‘‘(B) Notwithstanding any other law, providers of wire or 
electronic communication service, their officers, employees, and 
agents, landlords, custodians, or other persons, are authorized 
to provide information, facilities, or technical assistance to per-
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