US Code as of: 01/26/98

• (a) 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 fifteen 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 transactions,
    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 person
    for the purpose of -
    • (A) offering an access device; or
    • (B) selling information regarding or an application to obtain
      an access device;
  • (7) knowingly and with intent to defraud uses, produces,
    traffics in, has control or custody of, or possesses a
    telecommunications instrument that has been modified or altered
    to obtain unauthorized use of telecommunications services;
  • (8) knowingly and with intent to defraud uses, produces,
    traffics in, has control or custody of, or possesses -
    • (A) a scanning receiver; or
    • (B) hardware or software used for altering or modifying
      telecommunications instruments to obtain unauthorized access to
      telecommunications services, ^[1] or
  • (9) 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; shall, if the offense affects interstate or foreign commerce, be punished as provided in subsection (c) of this section.

• (b)
  • (1) Whoever attempts to commit an offense under subsection (a) of this section shall be punished as provided in subsection (c) of this section.
  • (2) Whoever is a party to a conspiracy of two or more persons to commit an offense under subsection (a) of this section, if any of the parties engages in any conduct in furtherance of such offense, shall be fined an amount not greater than the amount provided as the maximum fine for such offense under subsection (c) of this section or imprisoned not longer than one-half the period provided as the maximum imprisonment for such offense under subsection (c) of this section, or both.

• (c) The punishment for an offense under subsection (a) or (b)(1) of this section is -
  • (1) a fine under this title or twice the value obtained by the
    offense, whichever is greater, or imprisonment for not more than
    ten years, or both, in the case of an offense under subsection
    (a)(2), (3), (5), (6), (7), (8), or (9) of this section which
    does not occur after a conviction for another offense under
    either such subsection, or an attempt to commit an offense
    punishable under this paragraph;
  • (2) a fine under this title or twice the value obtained by the
    offense, whichever is greater, or imprisonment for not more than
    fifteen years, or both, in the case of an offense under
    subsection (a)(1), (4), (5), (6), (7), or (8) of this section
    which does not occur after a conviction for another offense under
    either such subsection, or an attempt to commit an offense
    punishable under this paragraph; and
  • (3) a fine under this title or twice the value obtained by the
    offense, whichever is greater, or imprisonment for not more than
    twenty years, or both, in the case of an offense under subsection
    (a) of this section which occurs after a conviction for another
    offense under such subsection, or an attempt to commit an offense
    punishable under this paragraph.

• (d) 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 agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.

• (e) 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 used, alone or in
    conjunction with another access device, to obtain money, goods,
    services, or any other thing of value, or that can be used to
    initiate a transfer of funds (other than a transfer originated
    solely by paper instrument);
  • (2) the term ''counterfeit access device'' means any access
    device that is counterfeit, fictitious, altered, or forged, or an
    identifiable component of an access device or a counterfeit
    access device;
  • (3) the term ''unauthorized access device'' means any access
    device that is lost, stolen, expired, revoked, canceled, or
    obtained with intent to defraud;
  • (4) the term ''produce'' includes design, alter, authenticate,
    duplicate, or assemble;
  • (5) the term ''traffic'' means transfer, or otherwise dispose
    of, to another, or obtain control of with intent to transfer or
    dispose of;
  • (6) the term ''device-making equipment'' means any equipment,
    mechanism, or impression designed or primarily used for making an
    access device or a counterfeit access device; and
  • (7) the term ''credit card system member'' means a financial
    institution or other entity that is a member of a credit card
    system, including an 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 apparatus
    that can be used to intercept a wire or electronic communication
    in violation of chapter 119.

• (f) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title. For purposes of this subsection, the term ''State'' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

Footnotes

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