354 
‘‘(A)(i) within any one-year period has a value aggre-
gating $1,000 or more; or 
‘‘(ii) has moved in interstate or foreign commerce; 
and 
‘‘(B) has been obtained with a counterfeit, fictitious, 
altered, forged, lost, stolen, or fraudulently obtained 
credit card; 
‘‘(5) knowingly receives, conceals, uses, sells, or trans-
ports 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 com-
merce furnishes money, property, services, or anything else 
of value, which within any one-year period has a value ag-
gregating $1,000 or more, through the use of any counter-
feit, fictitious, altered, forged, lost, stolen, or fraudulently 
obtained credit card knowing the same to be counterfeit, 
fictitious, altered, forged, lost, stolen, or fraudulently ob-
tained; 
shall be imprisoned not more than ten years. 
‘‘(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; 
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‘‘(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 access 
device, knowingly and with intent to defraud solicits a per-
son 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; 
‘‘(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 telecommunication 
identifying information associated with or contained in a 
telecommunications instrument so that such instrument 
may be used to obtain telecommunications service without 
authorization; or 
‘‘(10) without the authorization of the credit card system 
member or its agent, knowingly and with intent to defraud 
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; 
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356 
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 
‘‘(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 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. 
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357 
‘‘(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 identifica-
tion number, personal identification number, or other tele-
communications service, equipment, or instrument identi-
fier, or other means of account access that can be used, 
alone or in conjunction with another access device, to ob-
tain money, goods, services, or any other thing of value, or 
that can be used to initiate a transfer of funds (other than 
a transfer originated solely by paper instrument); 
‘‘(2) the term ‘counterfeit access device’ means any ac-
cess device that is counterfeit, fictitious, altered, or forged, 
or an identifiable component of an access device or a coun-
terfeit access device; 
‘‘(3) the term ‘unauthorized access device’ means any ac-
cess device that is lost, stolen, expired, revoked, canceled, 
or obtained with intent to defraud; 
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358 
‘‘(4) the term ‘produce’ includes design, alter, authen-
ticate, duplicate, or assemble; 
‘‘(5) the term ‘traffic’ means transfer, or otherwise dis-
pose of, to another, or obtain control of with intent to 
transfer or dispose of; 
‘‘(6) the term ‘device-making equipment’ means any 
equipment, mechanism, or impression designed or primarily 
used for making an access device or a counterfeit access de-
vice; 
‘‘(7) the term ‘credit card system member’ means a fi-
nancial institution or other entity that is a member of a 
credit card system, including an entity, whether affiliated 
with or identical to the credit card issuer, that is the sole 
member of a credit card system; 
‘‘(8) the term ‘scanning receiver’ means a device or ap-
paratus that can be used to intercept a wire or electronic 
communication in violation of chapter 119 or to intercept 
an electronic serial number, mobile identification number, 
or other identifier of any telecommunications service, equip-
ment, or instrument; 
‘‘(9) the term ‘telecommunications service’ has the mean-
ing given such term in section 3 of title I of the Commu-
nications Act of 1934 (47 U.S.C. 153); 
‘‘(10) the term ‘facilities-based carrier’ means an entity 
that owns communications transmission facilities, is respon-
sible for the operation and maintenance of those facilities, 
and holds an operating license issued by the Federal Com-
munications Commission under the authority of title III of 
the Communications Act of 1934; and 
‘‘(11) the term ‘telecommunication identifying informa-
tion’ means electronic serial number or any other number 
or signal that identifies a specific telecommunications in-
strument or account, or a specific communication trans-
mitted from a telecommunications instrument. 
‘‘§ 787. Fraud and related activity in connection 
with computers 
‘‘(a) OFFENSE.—Whoever— 
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359 
‘‘(1) having knowingly accessed a computer without au-
thorization or exceeding authorized access, and by means of 
such conduct having obtained information that has been de-
termined by the United States Government pursuant to an 
Executive order or statute to require protection against un-
authorized disclosure for reasons of national defense or for-
eign relations, or any restricted data, as defined in para-
graph y. of section 11 of the Atomic Energy Act of 1954, 
with reason to believe that such information so obtained 
could be used to the injury of the United States, or to the 
advantage of any foreign nation knowingly communicates, 
delivers, transmits, or causes to be communicated, deliv-
ered, or transmitted, or attempts to communicate, deliver, 
transmit or cause to be communicated, delivered, or trans-
mitted the same to any person not entitled to receive it, or 
knowingly retains the same and fails to deliver it to the of-
ficer or employee of the United States entitled to receive 
it; 
‘‘(2) intentionally accesses a computer without authoriza-
tion or exceeds authorized access, and thereby obtains— 
‘‘(A) information contained in a financial record of 
a financial institution, or of a card issuer as defined in 
section 1602(n) of title 15, or contained in a file of a 
consumer reporting agency on a consumer, as such 
terms are defined in the Fair Credit Reporting Act (15 
U.S.C. 1681 et seq.); 
‘‘(B) information from any department or agency of 
the United States; or 
‘‘(C) information from any protected computer if the 
conduct involved an interstate or foreign communica-
tion; 
‘‘(3) intentionally, without authorization to access any 
nonpublic computer of a department or agency of the 
United States, accesses such a computer of that depart-
ment or agency that is exclusively for the use of the Gov-
ernment of the United States or, in the case of a computer 
not exclusively for such use, is used by or for the Govern-
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360 
ment of the United States and such conduct affects that 
use by or for the Government of the United States; 
‘‘(4) knowingly and with intent to defraud, accesses a 
protected computer without authorization, or exceeds au-
thorized access, and by means of such conduct furthers the 
intended fraud and obtains anything of value, unless the 
object of the fraud and the thing obtained consists only of 
the use of the computer and the value of such use is not 
more than $5,000 in any 1-year period; 
‘‘(5)(A)(i) knowingly causes the transmission of a pro-
gram, information, code, or command, and as a result of 
such conduct, intentionally causes damage without author-
ization, to a protected computer; 
‘‘(ii) intentionally accesses a protected computer without 
authorization, and as a result of such conduct, recklessly 
causes damage; or 
‘‘(iii) intentionally accesses a protected computer without 
authorization, and as a result of such conduct, causes dam-
age; and 
‘‘(B) by conduct described in clause (i), (ii), or (iii) of 
subparagraph (A), caused (or, in the case of an attempted 
offense, would, if completed, have caused)— 
‘‘(i) loss to 1 or more persons during any 1-year pe-
riod (and, for purposes of an investigation, prosecution, 
or other proceeding brought by the United States only, 
loss resulting from a related course of conduct affecting 
1 or more other protected computers) aggregating at 
least $5,000 in value; 
‘‘(ii) the modification or impairment, or potential 
modification or impairment, of the medical examina-
tion, diagnosis, treatment, or care of 1 or more individ-
uals; 
‘‘(iii) physical injury to any person; 
‘‘(iv) a threat to public health or safety; or 
‘‘(v) damage affecting a computer system used by or 
for a government entity in furtherance of the adminis-
tration of justice, national defense, or national security; 
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‘‘(6) knowingly and with intent to defraud traffics (as 
defined in section 1029) in any password or similar infor-
mation through which a computer may be accessed without 
authorization, if— 
‘‘(A) such trafficking affects interstate or foreign 
commerce; or 
‘‘(B) such computer is used by or for the Govern-
ment of the United States; or 
‘‘(7) with intent to extort from any person any money or 
other thing of value, transmits in interstate or foreign com-
merce any communication containing any threat to cause 
damage to a protected computer; 
shall be punished as provided in subsection (c) of this section. 
‘‘(b) PUNISHMENT.—The punishment for an offense under 
subsection (a) or (b) of this section is— 
‘‘(1)(A) a fine under this title or imprisonment for not 
more than ten years, or both, in the case of an offense 
under subsection (a)(1) of this section which does not occur 
after a conviction for another offense under this section, or 
an attempt to commit an offense punishable under this 
subparagraph; and 
‘‘(B) a fine under this title or imprisonment for not more 
than twenty years, or both, in the case of an offense under 
subsection (a)(1) of this section which occurs after a con-
viction for another offense under this section, or an at-
tempt to commit an offense punishable under this subpara-
graph; 
‘‘(2)(A) except as provided in subparagraph (B), a fine 
under this title or imprisonment for not more than one 
year, or both, in the case of an offense under subsection 
(a)(2), (a)(3), (a)(5)(A)(iii), or (a)(6) of this section which 
does not occur after a conviction for another offense under 
this section, or an attempt to commit an offense punishable 
under this subparagraph; 
‘‘(B) a fine under this title or imprisonment for not more 
than 5 years, or both, in the case of an offense under sub-
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section (a)(2) or an attempt to commit an offense punish-
able under this subparagraph, if— 
‘‘(i) the offense was committed for purposes of com-
mercial advantage or private financial gain; 
‘‘(ii) the offense was committed in furtherance of any 
criminal or tortious act in violation of the 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 oc-
curs after a conviction for another offense under such sub-
section, or an attempt to commit an offense punishable 
under this subparagraph; 
‘‘(3)(A) a fine under this title or imprisonment for not 
more than five years, or both, in the case of an offense 
under subsection (a)(4) or (a)(7) of this section which does 
not occur after a conviction for another offense under this 
section, or an attempt to commit an offense punishable 
under this subparagraph; and 
‘‘(B) a fine under this title or imprisonment for not more 
than ten years, or both, in the case of an offense under 
subsection (a)(4), (a)(5)(A)(iii), or (a)(7) of this section 
which occurs after a conviction for another offense under 
this section, or an attempt to commit an offense punishable 
under this subparagraph; 
‘‘(4)(A) except as provided in paragraph (5), a fine 
under this title, imprisonment for not more than 10 years, 
or both, in the case of an offense under subsection 
(a)(5)(A)(i), or an attempt to commit an offense punishable 
under that subsection; 
‘‘(B) a fine under this title, imprisonment for not more 
than 5 years, or both, in the case of an offense under sub-
section (a)(5)(A)(ii), or an attempt to commit an offense 
punishable under that subsection; and 
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‘‘(C) except as provided in paragraph (5), a fine under 
this title, imprisonment for not more than 20 years, or 
both, in the case of an offense under subsection 
(a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to commit an 
offense punishable under either subsection, that occurs 
after a conviction for another offense under this section; 
and 
‘‘(5)(A) if the offender knowingly or recklessly causes or 
attempts to cause serious bodily injury from conduct in vio-
lation of subsection (a)(5)(A)(i), a fine under this title or 
imprisonment for not more than 20 years, or both; and 
‘‘(B) if the offender knowingly or recklessly causes or at-
tempts to cause death from conduct in violation of sub-
section (a)(5)(A)(i), a fine under this title or imprisonment 
for any term of years or for life, or both. 
‘‘(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 of-
fenses under this section. 
‘‘(2) FEDERAL BUREAU OF INVESTIGATION.—The Fed-
eral Bureau of Investigation shall have primary authority 
to investigate offenses under subsection (a)(1) for any 
cases involving espionage, foreign counterintelligence, infor-
mation protected against unauthorized disclosure for rea-
sons of national defense or foreign relations, or Restricted 
Data (as that term is defined in section 11y of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014(y)), except for of-
fenses affecting the duties of the United States Secret 
Service pursuant to section 3056(a) of this title. 
‘‘(3) AGREEMENT.—Such authority shall be exercised 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— 
‘‘(1) the term ‘computer’ means an electronic, magnetic, 
optical, electrochemical, or other high speed data processing 
device performing logical, arithmetic, or storage functions, 
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