All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
48 Prosecutions
in June 2014
529 Prosecutions
in Fiscal Year 2014
29 Convictions
in June 2014
450 Convictions
in Fiscal Year 2014

CITE

    18 USC Sec. 1029                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 47 - FRAUD AND FALSE STATEMENTS

HEAD

    Sec. 1029. Fraud and related activity in connection with access
      devices

STATUTE

      (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) 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;
        (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 therefrom.

SOURCE

    (Added Pub. L. 98-473, title II, Sec. 1602(a), Oct. 12, 1984, 98
    Stat. 2183; amended Pub. L. 99-646, Sec. 44(b), Nov. 10, 1986, 100
    Stat. 3601; Pub. L. 101-647, title XII, Sec. 1205(f), Nov. 29,
    1990, 104 Stat. 4831; Pub. L. 103-322, title XXV, Sec. 250007,
    title XXXIII, Sec. 330016(2)(I), Sept. 13, 1994, 108 Stat. 2087,
    2148; Pub. L. 103-414, title II, Sec. 206, Oct. 25, 1994, 108 Stat.
    4291; Pub. L. 104-294, title VI, Sec. 601(l), Oct. 11, 1996, 110
    Stat. 3501; Pub. L. 105-172, Sec. 2(a)-(d), Apr. 24, 1998, 112
    Stat. 53, 54; Pub. L. 107-56, title III, Sec. 377, Oct. 26, 2001,
    115 Stat. 342; Pub. L. 107-273, div. B, title IV, Sec. 4002(b)(11),
    Nov. 2, 2002, 116 Stat. 1808.)

REFERENCES IN TEXT

      Section 413 of the Controlled Substances Act, referred to in
    subsec. (c)(2), is classified to section 853 of Title 21, Food and
    Drugs.
      The Communications Act of 1934, referred to in subsec. (e)(10),
    is act June 19, 1934, ch. 652, 48 Stat. 1964, as amended. Title III
    of the Act is classified generally to subchapter III (Sec. 301 et
    seq.) of chapter 5 of Title 47, Telegraphs, Telephones, and
    Radiotelegraphs. For complete classification of this Act to the
    Code, see section 609 of Title 47 and Tables.

AMENDMENTS

      2002 - Subsec. (c)(1)(A)(ii). Pub. L. 107-273, Sec.
    4002(b)(11)(A), substituted "(9)" for "(9),".
      Subsec. (e)(8). Pub. L. 107-273, Sec. 4002(b)(11)(B), inserted
    semicolon at end.
      2001 - Subsec. (h). Pub. L. 107-56 added subsec. (h).
      1998 - Subsec. (a)(8) to (10). Pub. L. 105-172, Sec. 2(a), added
    pars. (8) and (9), redesignated former par. (9) as (10), and struck
    out former par. (8) which read as follows: "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, or".
      Subsec. (b)(1). Pub. L. 105-172, Sec. 2(b)(2), substituted
    "subject to the same penalties as those prescribed for the offense
    attempted" for "punished as provided in subsection (c) of this
    section".
      Subsec. (c). Pub. L. 105-172, Sec. 2(b)(1), amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "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."
      Subsec. (e)(8). Pub. L. 105-172, Sec. 2(c), inserted "or to
    intercept an electronic serial number, mobile identification
    number, or other identifier of any telecommunications service,
    equipment, or instrument" before the period at end.
      Subsec. (e)(9) to (11). Pub. L. 105-172, Sec. 2(d)(2), added
    pars. (9) to (11).
      Subsec. (g). Pub. L. 105-172, Sec. 2(d)(1), added subsec. (g).
      1996 - Subsec. (a)(5). Pub. L. 104-294, Sec. 601(l)(1)(A),
    redesignated par. (5), relating to instruments that have been
    modified or altered to obtain unauthorized access to
    telecommunications services, as (7).
      Subsec. (a)(6). Pub. L. 104-294, Sec. 601(l)(1)(C), in par. (6)
    relating to solicitations, struck out "or" at end.
      Pub. L. 104-294, Sec. 601(l)(1)(A), redesignated par. (6),
    relating to scanning receivers or other hardware or software used
    to obtain unauthorized access to telecommunications services, as
    (8).
      Subsec. (a)(7). Pub. L. 104-294, Sec. 601(l)(1)(A), (C),
    redesignated par. (5), relating to instruments that have been
    modified or altered to obtain unauthorized access to
    telecommunications services, as (7), and struck out "or" at end.
    Par. transferred to appear in numerical order to reflect probable
    intent of Congress. Former par. (7) redesignated (9).
      Pub. L. 104-294, Sec. 601(l)(1)(B), redesignated par. (7) as (9).
      Subsec. (a)(8). Pub. L. 104-294, Sec. 601(l)(1)(A), (D),
    redesignated par. (6), relating to scanning receivers or other
    hardware or software used to obtain unauthorized access to
    telecommunications services, as (8) and inserted "or" at end. Par.
    transferred to appear in numerical order to reflect probable intent
    of Congress.
      Subsec. (a)(9). Pub. L. 104-294, Sec. 601(l)(1)(B), redesignated
    par. (7) as (9).
      Subsec. (c)(1). Pub. L. 104-294, Sec. 601(l)(3)(A), substituted
    "(7), (8), or (9)" for "or (7)".
      Subsec. (c)(2). Pub. L. 104-294, Sec. 601(l)(3)(B), substituted
    "(6), (7), or (8)" for "or (6)".
      Subsec. (e)(7), (8). Pub. L. 104-294, Sec. 601(l)(2),
    redesignated par. (7), defining "scanning receiver", as (8).
      1994 - Subsec. (a)(3). Pub. L. 103-322, Sec. 250007(1)(A), and
    Pub. L. 103-414, Sec. 206(a)(1), amended par. (3) identically,
    striking "or" at end.
      Subsec. (a)(5). Pub. L. 103-414, Sec. 206(a)(2), added par. (5)
    relating to instruments that have been modified or altered to
    obtain unauthorized use of telecommunications services.
      Pub. L. 103-322, Sec. 250007(1)(B), added par. (5) relating to
    transactions involving use of access devices issued to persons
    other than user.
      Subsec. (a)(6). Pub. L. 103-414, Sec. 206(a)(2), added par. (6)
    relating to scanning receivers or other hardware or software used
    to obtain unauthorized access to telecommunications services.
      Pub. L. 103-322, Sec. 250007(1)(B), added par. (6) relating to
    solicitations which offer access devices or information regarding
    access devices.
      Subsec. (a)(7). Pub. L. 103-322, Sec. 250007(1)(B), added par.
    (7).
      Subsec. (c)(1). Pub. L. 103-322, Sec. 330016(2)(I), substituted
    "fine under this title or twice the value obtained by the offense,
    whichever is greater, or imprisonment" for "fine of not more than
    the greater of $10,000 or twice the value obtained by the offense
    or imprisonment".
      Pub. L. 103-322, Sec. 250007(2), substituted "(a)(2), (3), (5),
    (6), or (7)" for "(a)(2) or (a)(3)".
      Subsec. (c)(2). Pub. L. 103-414, Sec. 206(b), substituted
    "(a)(1), (4), (5), or (6)" for "(a)(1) or (a)(4)".
      Pub. L. 103-322, Sec. 330016(2)(I), substituted "fine under this
    title or twice the value obtained by the offense, whichever is
    greater, or imprisonment" for "fine of not more than the greater of
    $50,000 or twice the value obtained by the offense or
    imprisonment".
      Subsec. (c)(3). Pub. L. 103-322, Sec. 330016(2)(I), substituted
    "fine under this title or twice the value obtained by the offense,
    whichever is greater, or imprisonment" for "fine of not more than
    the greater of $100,000 or twice the value obtained by the offense
    or imprisonment".
      Subsec. (e)(1). Pub. L. 103-414, Sec. 206(c)(1), inserted
    "electronic serial number, mobile identification number, personal
    identification number, or other telecommunications service,
    equipment, or instrument identifier," after "account number,".
      Subsec. (e)(5), (6). Pub. L. 103-322, Sec. 250007(3)(A), (B), and
    Pub. L. 103-414, Sec. 206(c)(2), (3), amended subsec. (e)
    identically, striking "and" at end of par. (5) and substituting ";
    and" for period at end of par. (6).
      Subsec. (e)(7). Pub. L. 103-414, Sec. 206(c)(4), added par. (7)
    defining "scanning receiver".
      Pub. L. 103-322, Sec. 250007(3)(C), added par. (7) defining
    "credit card system member".
      1990 - Subsec. (f). Pub. L. 101-647 inserted at end "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."
      1986 - Subsec. (f). Pub. L. 99-646 which directed that subsec.
    (f) be amended by substituting "chapter 224 of this title" for
    "title V of the Organized Crime Control Act of 1970 (18 U.S.C. note
    prec. 3481)" was executed by making the substitution for "title V
    of the Organized Crime Control Act of 1970) 18 U.S.C. note prec.
    3481)" to reflect the probable intent of Congress.

TRANSFER OF FUNCTIONS

      For transfer of the functions, personnel, assets, and obligations
    of the United States Secret Service, including the functions of the
    Secretary of the Treasury relating thereto, to the Secretary of
    Homeland Security, and for treatment of related references, see
    sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

REPORT TO CONGRESS

      Section 1603 of Pub. L. 98-473 directed Attorney General to
    report to Congress annually, during first three years following
    Oct. 12, 1984, concerning prosecutions under this section.
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