Page 296 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1030
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So in original. The period probably should be a semicolon.
Subsec. (a)(6). Pub. L. 103–414, § 206(a)(2), added par. (6)
relating to scanning receivers or other hardware or
software used to obtain unauthorized access to tele-
communications services.
Pub. L. 103–322, § 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, § 250007(1)(B), added par.
(7).
Subsec. (c)(1). Pub. L. 103–322, § 330016(2)(I), sub-
stituted ‘‘fine under this title or twice the value ob-
tained by the offense, whichever is greater, or impris-
onment’’ for ‘‘fine of not more than the greater of
$10,000 or twice the value obtained by the offense or im-
prisonment’’.
Pub. L. 103–322, § 250007(2), substituted ‘‘(a)(2), (3), (5),
(6), or (7)’’ for ‘‘(a)(2) or (a)(3)’’.
Subsec. (c)(2). Pub. L. 103–414, § 206(b), substituted
‘‘(a)(1), (4), (5), or (6)’’ for ‘‘(a)(1) or (a)(4)’’.
Pub. L. 103–322, § 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 ob-
tained by the offense or imprisonment’’.
Subsec. (c)(3). Pub. L. 103–322, § 330016(2)(I), sub-
stituted ‘‘fine under this title or twice the value ob-
tained by the offense, whichever is greater, or impris-
onment’’ 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, § 206(c)(1), inserted
‘‘electronic serial number, mobile identification num-
ber, personal identification number, or other tele-
communications service, equipment, or instrument
identifier,’’ after ‘‘account number,’’.
Subsec. (e)(5), (6). Pub. L. 103–322, § 250007(3)(A), (B),
and Pub. L. 103–414, § 206(c)(2), (3), amended subsec. (e)
identically, striking ‘‘and’’ at end of par. (5) and sub-
stituting ‘‘; and’’ for period at end of par. (6).
Subsec. (e)(7). Pub. L. 103–414, § 206(c)(4), added par. (7)
defining ‘‘scanning receiver’’.
Pub. L. 103–322, § 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.
T
RANSFER OF
F
UNCTIONS
For transfer of the functions, personnel, assets, and
obligations of the United States Secret Service, includ-
ing the functions of the Secretary of the Treasury re-
lating 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 Reorganiza-
tion Plan of November 25, 2002, as modified, set out as
a note under section 542 of Title 6.
R
EPORT TO
C
ONGRESS
Section 1603 of Pub. L. 98–473 directed Attorney Gen-
eral to report to Congress annually, during first three
years following Oct. 12, 1984, concerning prosecutions
under this section.
§ 1030. Fraud and related activity in connection
with computers
(a) Whoever—
(1) having knowingly accessed a computer
without authorization or exceeding authorized
access, and by means of such conduct having
obtained information that has been deter-
mined by the United States Government pur-
suant to an Executive order or statute to re-
quire protection against unauthorized disclo-
sure for reasons of national defense or foreign
relations, or any restricted data, as defined in
paragraph y. of section 11 of the Atomic En-
ergy Act of 1954, with reason to believe that
such information so obtained could be used to
the injury of the United States, or to the ad-
vantage of any foreign nation willfully com-
municates, delivers, transmits, or causes to be
communicated, delivered, or transmitted, or
attempts to communicate, deliver, transmit or
cause to be communicated, delivered, or trans-
mitted the same to any person not entitled to
receive it, or willfully retains the same and
fails to deliver it to the officer or employee of
the United States entitled to receive it;
(2) intentionally accesses a computer with-
out authorization or exceeds authorized ac-
cess, and thereby obtains—
(A) information contained in a financial
record of a financial institution, or of a card
issuer as defined in section 1602(n) of title 15,
or contained in a file of a consumer report-
ing agency on a consumer, as such terms are
defined in the Fair Credit Reporting Act (15
U.S.C. 1681 et seq.);
(B) information from any department or
agency of the United States; or
(C) information from any protected com-
puter;
(3) intentionally, without authorization to
access any nonpublic computer of a depart-
ment or agency of the United States, accesses
such a computer of that department or agency
that is exclusively for the use of the Govern-
ment of the United States or, in the case of a
computer not exclusively for such use, is used
by or for the Government of the United States
and such conduct affects that use by or for the
Government of the United States;
(4) knowingly and with intent to defraud, ac-
cesses a protected computer without author-
ization, or exceeds authorized access, and by
means of such conduct furthers the intended
fraud and obtains anything of value, unless
the object of the fraud and the thing obtained
consists only of the use of the computer and
the value of such use is not more than $5,000 in
any 1-year period;
(5)(A) knowingly causes the transmission of
a program, information, code, or command,
and as a result of such conduct, intentionally
causes damage without authorization, to a
protected computer;
(B) intentionally accesses a protected com-
puter without authorization, and as a result of
such conduct, recklessly causes damage; or
(C) intentionally accesses a protected com-
puter without authorization, and as a result of
such conduct, causes damage and loss.
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(6) knowingly and with intent to defraud
traffics (as defined in section 1029) in any pass-
word or similar information through which a
computer may be accessed without authoriza-
tion, if—
