(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 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;
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 subject to the same penalties as those prescribed for
the offense attempted.
(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) Penalties. -
(1) Generally. - The punishment for an offense under subsection (a) of this
section is -
(A)
in the case of an offense that does not occur after a
conviction for another offense under this section -
(i)
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
(ii)
if the offense is under paragraph (4), (5), (8), or (9), [1] of subsection (a), a fine under this
title or imprisonment for not more than 15 years, or both;
(B)
in the case of an offense that occurs after a conviction
for another offense under this section, a fine under this title or imprisonment
for not more than 20 years, or both; and
(C)
in either case, forfeiture to the United States of any
personal property used or intended to be used to commit the offense.
(2) Forfeiture procedure. -
The forfeiture of property under this section, including
any seizure and disposition of the property and any related administrative and
judicial proceeding, shall be governed by section 413 of the Controlled
Substances Act, except for subsection (d) of that section.
(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;
(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 or to intercept an electronic serial number, mobile identification
number, or other identifier of any telecommunications service, equipment, or
instrument [2]
(9)
the term ''telecommunications service'' has the meaning
given such term in section 3 of title I of the Communications Act of 1934 (47 U.S.C. 153);
(10)
the term ''facilities-based carrier'' means an entity that
owns communications transmission facilities, is responsible for the operation
and maintenance of those facilities, and holds an operating license issued by
the Federal Communications Commission under the authority of title III of the
Communications Act of 1934; and
(11)
the term ''telecommunication identifying information''
means electronic serial number or any other number or signal that identifies a
specific telecommunications instrument or account, or a specific communication
transmitted from a telecommunications instrument.
(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.
(g)
(1)
It is not a violation of subsection (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 facilities-based carrier without
the authorization of such carrier.
(2)
In a prosecution for a violation of subsection (a)(9),
(other than a violation consisting of producing or trafficking) it is an
affirmative defense (which the defendant must establish by a preponderance of
the evidence) that the conduct charged was engaged in for research or
development in connection with a lawful purpose.
(h)
Any person who, outside the jurisdiction of the United
States, engages in any act that, if committed within the jurisdiction of the
United States, would constitute an offense under subsection (a) or (b) of this
section, shall be subject to the fines, penalties, imprisonment, and forfeiture
provided in this title 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
