(3) in subsection (d)(4), by striking ‘‘under 
paragraph (2)’’ and inserting ‘‘committed for pur-
poses of commercial advantage or private financial 
gain under subsection (a)’’; 
(4) in subsection (f)— 
(A) by amending paragraph (2) to read as 
follows: 
‘‘(2) the terms ‘reproduction’, ‘distribution’, 
and ‘public performance’ refer to the exclusive rights 
of a copyright owner under paragraphs (1), (3), (4), 
and (6), respectively, of section 106 (relating to ex-
clusive rights in copyrighted works), as limited by 
sections 107 through 122, of title 17; and’’; 
(B) in paragraph (3), by striking ‘‘; and’’ 
and inserting a period; and 
(C) by striking paragraph (4); and 
(5) by adding at the end the following new sub-
section: 
‘‘(g) EVIDENCE
OF TOTAL RETAIL VALUE.—For 
purposes of this section and section 506(a) of title 17, 
total retail value may be shown by evidence of— 
‘‘(1) the total retail price that persons receiving 
the reproductions, distributions, or public perform-
ances constituting the offense would have paid to re-
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ceive such reproductions, distributions, or public per-
formances lawfully; 
‘‘(2) the total economic value of the reproduc-
tions, distributions, or public performances to the in-
fringer or to the copyright owner, as shown by evi-
dence of fee, advertising, or other revenue that was 
received by the person who commits the offense, or 
that the copyright owner would have been entitled to 
receive had such reproductions, distributions, or 
public performances been offered lawfully; or 
‘‘(3) the total fair market value of licenses to 
offer the type of reproductions, distributions, or pub-
lic performances constituting the offense.’’. 
(c) RULE OF CONSTRUCTION.—Any person acting 
with a good faith reasonable basis in law to believe that 
the person’s conduct is lawful shall not be considered to 
have acted willfully for purposes of the amendments made 
by this section. Such person includes, but is not limited 
to, a person engaged in conduct forming the basis of a 
bona fide commercial dispute over the scope of existence 
of a contract or license governing such conduct where such 
person has a reasonable basis in law to believe that such 
conduct is noninfringing. Nothing in this subsection shall 
affect the application or interpretation of the willfulness 
requirement in any other provision of civil or criminal law. 
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SEC. 202. TRAFFICKING IN INHERENTLY DANGEROUS 
GOODS OR SERVICES. 
Section 2320 of title 18, United States Code, is 
amended as follows: 
(1) Subsection (a) is amended to read as fol-
lows: 
‘‘(1) IN GENERAL.— 
‘‘(A) OFFENSES.—Whoever— 
‘‘(i) intentionally traffics or attempts 
to traffic in goods or services and know-
ingly uses a counterfeit mark on or in con-
nection with such goods or services, 
‘‘(ii) intentionally traffics or attempts 
to traffic in labels, patches, stickers, wrap-
pers, badges, emblems, medallions, charms, 
boxes, containers, cans, cases, hangtags, 
documentation, or packaging of any type 
or nature, knowing that a counterfeit mark 
has been applied thereto, the use of which 
is likely to cause confusion, to cause mis-
take, or to deceive, or 
‘‘(iii) intentionally imports, exports, or 
traffics in counterfeit drugs or inten-
tionally participates in or knowingly aids 
drug counterfeiting, 
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shall, if an individual, be fined not more than 
$2,000,000 or imprisoned not more than 10 
years, or both, and, if a person other than an 
individual, be fined not more than $5,000,000. 
‘‘(B) SUBSEQUENT
OFFENSES.—In the 
case of an offense by a person under this para-
graph that occurs after that person is convicted 
of another offense under this paragraph, the 
person convicted, if an individual, shall be fined 
not more than $5,000,000 or imprisoned not 
more than 20 years, or both, and if other than 
an individual, shall be fined not more than 
$15,000,000. 
‘‘(2) SERIOUS BODILY HARM OR DEATH.— 
‘‘(A) SERIOUS BODILY HARM.—If the of-
fender knowingly or recklessly causes or at-
tempts to cause serious bodily injury from con-
duct in violation of paragraph (1), the penalty 
shall be, for an individual, a fine of not more 
than $5,000,000 or imprisonment for any term 
of years or for life, or both, and for other than 
an individual, a fine of not more than 
$15,000,000. 
‘‘(B) DEATH.—If the offender knowingly 
or recklessly causes or attempts to cause death 
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from conduct in violation of paragraph (1), the 
penalty shall be, for an individual, a fine of not 
more than $5,000,000 or imprisonment for any 
term of years or for life, or both, and for other 
than an individual, a fine of not more than 
$15,000,000. 
‘‘(3) MILITARY GOODS OR SERVICES.— 
‘‘(A) IN GENERAL.—A person who com-
mits an offense under paragraph (1) shall be 
punished in accordance with subparagraph (B) 
if— 
‘‘(i) the offense involved a good or 
service described in paragraph (1) that if 
it malfunctioned, failed, or was com-
promised, could reasonably be foreseen to 
cause— 
‘‘(I) serious bodily injury or 
death; 
‘‘(II) disclosure of classified in-
formation; 
‘‘(III) impairment of combat op-
erations; or 
‘‘(IV) other significant harm— 
‘‘(aa) to a member— 
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‘‘(AA) of the Armed 
Forces; or 
‘‘(BB) of a Federal, 
State, or local law enforce-
ment agency; or 
‘‘(bb) to national security or 
critical infrastructure; and 
‘‘(ii) the person had knowledge that 
the good or service is falsely identified as 
meeting military standards or is intended 
for use in a military or national security 
application, or a law enforcement or crit-
ical infrastructure application. 
‘‘(B) PENALTIES.— 
‘‘(i) INDIVIDUAL.—An individual who 
commits an offense described in subpara-
graph (A) shall be fined not more than 
$5,000,000, imprisoned for not more than 
20 years, or both. 
‘‘(ii) PERSON OTHER THAN AN INDI-
VIDUAL.—A person other than an indi-
vidual that commits an offense described in 
subparagraph (A) shall be fined not more 
than $15,000,000. 
‘‘(C) SUBSEQUENT OFFENSES.— 
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