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CITE

    18 USC Sec. 1037                                            01/05/2009

EXPCITE

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

HEAD

    Sec. 1037. Fraud and related activity in connection with electronic
      mail

STATUTE

      (a) In General. - Whoever, in or affecting interstate or foreign
    commerce, knowingly -
        (1) accesses a protected computer without authorization, and
      intentionally initiates the transmission of multiple commercial
      electronic mail messages from or through such computer,
        (2) uses a protected computer to relay or retransmit multiple
      commercial electronic mail messages, with the intent to deceive
      or mislead recipients, or any Internet access service, as to the
      origin of such messages,
        (3) materially falsifies header information in multiple
      commercial electronic mail messages and intentionally initiates
      the transmission of such messages,
        (4) registers, using information that materially falsifies the
      identity of the actual registrant, for five or more electronic
      mail accounts or online user accounts or two or more domain
      names, and intentionally initiates the transmission of multiple
      commercial electronic mail messages from any combination of such
      accounts or domain names, or
        (5) falsely represents oneself to be the registrant or the
      legitimate successor in interest to the registrant of 5 or more
      Internet Protocol addresses, and intentionally initiates the
      transmission of multiple commercial electronic mail messages from
      such addresses,
    or conspires to do so, shall be punished as provided in subsection
    (b).
      (b) Penalties. - The punishment for an offense under subsection
    (a) is -
        (1) a fine under this title, imprisonment for not more than 5
      years, or both, if -
          (A) the offense is committed in furtherance of any felony
        under the laws of the United States or of any State; or
          (B) the defendant has previously been convicted under this
        section or section 1030, or under the law of any State for
        conduct involving the transmission of multiple commercial
        electronic mail messages or unauthorized access to a computer
        system;
        (2) a fine under this title, imprisonment for not more than 3
      years, or both, if -
          (A) the offense is an offense under subsection (a)(1);
          (B) the offense is an offense under subsection (a)(4) and
        involved 20 or more falsified electronic mail or online user
        account registrations, or 10 or more falsified domain name
        registrations;
          (C) the volume of electronic mail messages transmitted in
        furtherance of the offense exceeded 2,500 during any 24-hour
        period, 25,000 during any 30-day period, or 250,000 during any
        1-year period;
          (D) the offense caused loss to one or more persons
        aggregating $5,000 or more in value during any 1-year period;
          (E) as a result of the offense any individual committing the
        offense obtained anything of value aggregating $5,000 or more
        during any 1-year period; or
          (F) the offense was undertaken by the defendant in concert
        with three or more other persons with respect to whom the
        defendant occupied a position of organizer or leader; and
        (3) a fine under this title or imprisonment for not more than 1
      year, or both, in any other case.
      (c) Forfeiture. -
        (1) In general. - The court, in imposing sentence on a person
      who is convicted of an offense under this section, shall order
      that the defendant forfeit to the United States -
          (A) any property, real or personal, constituting or traceable
        to gross proceeds obtained from such offense; and
          (B) any equipment, software, or other technology used or
        intended to be used to commit or to facilitate the commission
        of such offense.
        (2) Procedures. - The procedures set forth in section 413 of
      the Controlled Substances Act (21 U.S.C. 853), other than
      subsection (d) of that section, and in Rule 32.2 of the Federal
      Rules of Criminal Procedure, shall apply to all stages of a
      criminal forfeiture proceeding under this section.
      (d) Definitions. - In this section:
        (1) Loss. - The term "loss" has the meaning given that term in
      section 1030(e) of this title.
        (2) Materially. - For purposes of paragraphs (3) and (4) of
      subsection (a), header information or registration information is
      materially falsified if it is altered or concealed in a manner
      that would impair the ability of a recipient of the message, an
      Internet access service processing the message on behalf of a
      recipient, a person alleging a violation of this section, or a
      law enforcement agency to identify, locate, or respond to a
      person who initiated the electronic mail message or to
      investigate the alleged violation.
        (3) Multiple. - The term "multiple" means more than 100
      electronic mail messages during a 24-hour period, more than 1,000
      electronic mail messages during a 30-day period, or more than
      10,000 electronic mail messages during a 1-year period.
        (4) Other terms. - Any other term has the meaning given that
      term by section 3 of the CAN-SPAM Act of 2003.".

SOURCE

    (Added Pub. L. 108-187, Sec. 4(a)(1), Dec. 16, 2003, 117 Stat.
    2703.)

REFERENCES IN TEXT

      The Federal Rules of Criminal Procedure, referred to in subsec.
    (c)(2), are set out in the Appendix to this title.
      Section 3 of the CAN-SPAM Act of 2003, referred to in subsec.
    (d)(4), is classified to section 7702 of Title 15, Commerce and
    Trade.

EFFECTIVE DATE

      Section effective Jan. 1, 2004, see section 16 of Pub. L. 108-
    187, set out as a note under section 7701 of Title 15, Commerce
    and Trade.
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