344 
zlement, or misapplication by bank officer or employee), or 
section 652 (relating to theft from employee benefit plans); 
(2) section 1091 (relating to false personation of citi-
zenship); 
(3) section 582(a)(6) (relating to false statements in 
connection with the acquisition of a firearm); 
(4) any provision contained in this subchapter (relat-
ing 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 (15 
U.S.C. 6823) (relating to obtaining customer information 
by false pretenses); 
(8) section 243 or 266 of the Immigration and Nation-
ality Act (8 U.S.C. 1253 and 1306) (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 (8 U.S.C. 1321 et 
seq.) (relating to various immigration offenses); or 
(10) section 208, 811, 1107(b), 1128B(a), or 1632 of 
the Social Security Act (42 U.S.C. 408, 1011, 1307(b), 
1320a-7b(a), and 1383a) (relating to false statements re-
lating to programs under the Act). 
§ 785. Fraudulent use of credit card 
(a) OFFENSE.—Whoever 
(1) knowingly in a transaction affecting interstate or 
foreign commerce, uses or attempts or conspires to use any 
counterfeit, fictitious, altered, forged, lost, stolen, or fraud-
ulently 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 or attempts or 
conspires to transport in interstate or foreign commerce a 
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counterfeit, fictitious, altered, forged, lost, stolen, or fraud-
ulently obtained credit card knowing the same to be coun-
terfeit, fictitious, altered, forged, lost, stolen, or fraudu-
lently obtained; 
(3) with unlawful intent, uses any instrumentality of 
interstate or foreign commerce to sell or transport a coun-
terfeit, fictitious, altered, forged, lost, stolen, or fraudu-
lently obtained credit card knowing the same to be counter-
feit, fictitious, altered, 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)(i) within any one-year period has a value ag-
gregating $1,000 or more; or 
(ii) has moved in interstate or foreign commerce; 
and 
(B) has been obtained with a counterfeit, ficti-
tious, altered, forged, lost, stolen, or fraudulently ob-
tained credit card; 
(5) Whoever knowingly receives, conceals, uses, sells, 
or transports in interstate or foreign commerce one or more 
tickets for interstate or foreign transportation, which (1) 
within any one-year period have a value aggregating $500 
or more, and (2) have been purchased or obtained with one 
or more counterfeit, fictitious, altered, forged, lost, stolen, 
or fraudulently obtained credit cards; or 
(6) in a transaction affecting interstate or foreign 
commerce furnishes money, property, services, or anything 
else of value, which within any one-year period has a value 
aggregating $1,000 or more, through the use of any coun-
terfeit, fictitious, altered, forged, lost, stolen, or fraudu-
lently obtained credit card knowing the same to be counter-
feit, fictitious, altered, forged, lost, stolen, or fraudulently 
obtained; 
shall be imprisoned not more than ten years. 
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(b) DEFINITIONS.—A term used in this section that has 
a definition for the purposes of the Consumer Credit Protection 
Act has that same definition for the purposes of this section. 
§ 786. Fraud and related activity in connection 
with access devices 
(a) OFFENSE.—Whoever— 
(1) knowingly and with intent to defraud produces, 
uses, or traffics in one or more counterfeit access devices; 
(2) knowingly and with intent to defraud traffics in or 
uses one or more unauthorized access devices during any 
one-year period, and by such conduct obtains anything of 
value aggregating $1,000 or more during that period; 
(3) knowingly and with intent to defraud possesses fif-
teen or more devices which are counterfeit or unauthorized 
access devices; 
(4) knowingly and with intent to defraud produces, 
traffics in, has control or custody of, or possesses device- 
making equipment; 
(5) knowingly and with intent to defraud effects trans-
actions, with 1 or more access devices issued to another 
person or persons, to receive payment or any other thing 
of value during any 1-year period the aggregate value of 
which is equal to or greater than $1,000; 
(6) without the authorization of the issuer of the ac-
cess device, knowingly and with intent to defraud 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, pro-
duces, 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, pro-
duces, traffics in, has control or custody of, or possesses a 
scanning receiver; 
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(9) knowingly uses, produces, traffics in, has control 
or custody of, or possesses hardware or software, knowing 
it has been configured to insert or modify telecommuni-
cation identifying information associated with or contained 
in a telecommunications instrument so that such instru-
ment may be used to obtain telecommunications service 
without authorization; or 
(10) without the authorization of the credit card sys-
tem member or its agent, knowingly and with intent to de-
fraud causes or arranges for another 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 (c) 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 im-
prisonment for not more than 15 years, or both; and 
(2) in the case of an offense that occurs after a convic-
tion for another offense under this section, a fine under 
this title or imprisonment for not more than 20 years, or 
both. 
(c) 
EXTRATERRITORIAL
JURISDICATION.—There 
is 
extraterritorial jurisdiction over an offense under this sub-
section if— 
(1) the offense involves an access device issued, owned, 
managed, or controlled by a financial institution, account 
issuer, credit card system member, or other entity within 
the jurisdiction of the United States; and 
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(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 as-
sist in the commission of the offense or the proceeds of 
such offense or property derived therefrom. 
(d) AUTHORITY OF 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. Such authority of the United States 
Secret Service shall be exercised in accordance with an agree-
ment which shall be entered into by the Secretary of the Treas-
ury and the Attorney General. 
(e) OFFICIAL DUTY EXCLUSION.—This section does not 
prohibit any lawfully authorized investigative, protective, or in-
telligence activity of a law enforcement agency 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 author-
ized under chapter 224 of this title. 
(f) BUSSINESS EXCLUSION.—It is not a violation of sub-
section (a)(9) for an officer, employee, or agent of, or a person 
engaged in business with, a facilities-based carrier, to engage 
in conduct (other than trafficking) otherwise prohibited by that 
subsection for the purpose of protecting the property or legal 
rights of that carrier, unless such conduct is for the purpose 
of obtaining telecommunications service provided by another fa-
cilities-based carrier without the authorization of such carrier. 
(g)AFFIRMATIVE DEFENSE.—In a prosecution for a viola-
tion of subsection (a)(9), (other than a violation consisting of 
producing or trafficking) it is an affirmative defense that the 
conduct charged was engaged in for research or development in 
connection with a lawful purpose. 
(h) DEFINITIONS.—As used in this section— 
(1) the term ‘‘access device’’ means any card, plate, 
code, account number, electronic serial number, mobile 
identification number, personal identification number, or 
other telecommunications service, equipment, or instrument 
identifier, or other means of account access that can be 
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