(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 tothe 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) theterm "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.
