18 U.S. Code § 1030 - Fraud and related activity in connection with computers
[1] See References in Text note below.
[2] So in original. The period probably should be a semicolon.
[3] So in original. Probably should be followed by “or”.
[4] So in original. The comma probably should not appear.
[5] So in original. Probably should be “subclause”.
[6] So in original. Probably should be followed by a period.
Section 11 of the Atomic Energy Act of 1954, referred to in subsec. (a)(1), is classified to section 2014 of Title 42, The Public Health and Welfare.
Section 1602(n) of title 15, referred to in subsec. (a)(2)(A), was redesignated section 1602(o) of title 15 by Pub. L. 111–203, title X, § 1100A(1)(A), July 21, 2010, 124 Stat. 2107.
The Fair Credit Reporting Act, referred to in subsec. (a)(2)(A), is title VI of Pub. L. 90–321, as added by Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1127, which is classified generally to subchapter III (§ 1681 et seq.) of chapter 41 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 15 and Tables.
The Farm Credit Act of 1971, referred to in subsec. (e)(4)(E), is Pub. L. 92–181, Dec. 10, 1971, 85 Stat. 583, which is classified generally to chapter 23 (§ 2001 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of Title 12 and Tables.
Section 15 of the Securities Exchange Act of 1934, referred to in subsec. (e)(4)(F), is classified to section 78o of Title 15, Commerce and Trade.
Section 1(b) of the International Banking Act of 1978, referred to in subsec. (e)(4)(H), is classified to section 3101 of Title 12, Banks and Banking.
Section 25 of the Federal Reserve Act, referred to in subsec. (e)(4)(I), is classified to subchapter I (§ 601 et seq.) of chapter 6 of Title 12. Section 25(a) of the Federal Reserve Act, which is classified to subchapter II (§ 611 et seq.) of chapter 6 of Title 12, was renumbered section 25A of that act by Pub. L. 102–242, title I, § 142(e)(2), Dec. 19, 1991, 105 Stat. 2281.
The date of the enactment of this subsection, referred to in subsec. (h), is the date of enactment of Pub. L. 103–322, which was approved Sept. 13, 1994.
2020—Subsec. (e)(2)(C). Pub. L. 116–179, § 2(1), added subpar. (C).
Subsec. (e)(13), (14). Pub. L. 116–179, § 2(2)–(4), added pars. (13) and (14).
2008—Subsec. (a)(2)(C). Pub. L. 110–326, § 203, struck out “if the conduct involved an interstate or foreign communication” after “computer”.
Subsec. (a)(5). Pub. L. 110–326, § 204(a)(1), redesignated cls. (i) to (iii) of subpar. (A) as subpars. (A) to (C), respectively, substituted “damage and loss.” for “damage; and” in subpar. (C), and struck out former subpar. (B) which read as follows:
“(B) by conduct described in clause (i), (ii), or (iii) of subparagraph (A), caused (or, in the case of an attempted offense, would, if completed, have caused)—
“(i) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value;
“(ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals;
“(iii) physical injury to any person;
“(iv) a threat to public health or safety; or
“(v) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security;”.
Subsec. (a)(7). Pub. L. 110–326, § 205, amended par. (7) generally. Prior to amendment, par. (7) read as follows: “with intent to extort from any person any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to cause damage to a protected computer;”.
Subsec. (b). Pub. L. 110–326, § 206, inserted “conspires to commit or” after “Whoever”.
Subsec. (c)(2)(A). Pub. L. 110–326, § 204(a)(2)(A), struck out “(a)(5)(A)(iii),” after “(a)(3),”.
Subsec. (c)(3)(B). Pub. L. 110–326, § 204(a)(2)(B), struck out “(a)(5)(A)(iii),” after “(a)(4),”.
Subsec. (c)(4). Pub. L. 110–326, § 204(a)(2)(C), amended par. (4) generally. Prior to amendment, par. (4) related to fines and imprisonment for intentionally or recklessly causing damage to a protected computer without authorization.
Subsec. (c)(5). Pub. L. 110–326, § 204(a)(2)(D), struck out par. (5) which related to fine or imprisonment for knowingly or recklessly causing or attempting to cause serious bodily injury or death from certain conduct damaging a protected computer.
Subsec. (e)(2)(B). Pub. L. 110–326, § 207, inserted “or affecting” after “which is used in”.
Subsec. (g). Pub. L. 110–326, § 204(a)(3)(B), in the third sentence, substituted “subsection (c)(4)(A)(i)(I)” for “subsection (a)(5)(B)(i)”.
Pub. L. 110–326, § 204(a)(3)(A), which directed substitution of “in subclauses (I), (II), (III), (IV), or (V) of subsection (c)(4)(A)(i)” for “in clauses (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B)” in the second sentence, was executed by making the substitution for “in clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B)” to reflect the probable intent of Congress.
Subsecs. (i), (j). Pub. L. 110–326, § 208, added subsecs. (i) and (j).
2002—Subsec. (a)(5)(B). Pub. L. 107–273, § 4005(a)(3), realigned margins.
Subsec. (c)(2)(B). Pub. L. 107–273, § 4002(b)(1), realigned margins.
Subsec. (c)(2)(B)(iii). Pub. L. 107–273, § 4002(b)(12)(A), inserted “and” at end.
Subsec. (c)(3)(B). Pub. L. 107–273, § 4005(d)(3), inserted comma after “(a)(4)”.
Subsec. (c)(4)(A), (C). Pub. L. 107–296, § 2207(g)(2), formerly § 225(g)(2), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), inserted “except as provided in paragraph (5),” before “a fine under this title”.
Subsec. (c)(5). Pub. L. 107–296, § 2207(g)(1), (3), (4), formerly § 225(g)(1), (3), (4), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), added par. (5).
Subsec. (e)(4)(I). Pub. L. 107–273, § 4002(b)(12)(B), substituted semicolon for period at end.
2001—Subsec. (a)(5)(A). Pub. L. 107–56, § 814(a)(1)–(3), designated existing provisions as cl. (i), redesignated subpars. (B) and (C) as cls. (ii) and (iii), respectively, of subpar. (A), and inserted “and” at end of cl. (iii).
Subsec. (a)(5)(B). Pub. L. 107–56, § 814(a)(4), added subpar. (B). Former subpar. (B) redesignated cl. (ii) of subpar. (A).
Subsec. (a)(5)(C). Pub. L. 107–56, § 814(a)(2), redesignated subpar. (C) as cl. (iii) of subpar. (A).
Subsec. (a)(7). Pub. L. 107–56, § 814(b), struck out “, firm, association, educational institution, financial institution, government entity, or other legal entity,” before “any money or other thing of value”.
Subsec. (c)(2)(A). Pub. L. 107–56, § 814(c)(1)(A), inserted “except as provided in subparagraph (B),” before “a fine”, substituted “(a)(5)(A)(iii)” for “(a)(5)(C)”, and struck out “and” at end.
Subsec. (c)(2)(B). Pub. L. 107–56, § 814(c)(1)(B), inserted “or an attempt to commit an offense punishable under this subparagraph,” after “subsection (a)(2),” in introductory provisions.
Subsec. (c)(2)(C). Pub. L. 107–56, § 814(c)(1)(C), struck out “and” at end.
Subsec. (c)(3). Pub. L. 107–56, § 814(c)(2), struck out “, (a)(5)(A), (a)(5)(B),” after “subsection (a)(4)” in subpars. (A) and (B) and substituted “(a)(5)(A)(iii)” for “(a)(5)(C)” in subpar. (B).
Subsec. (c)(4). Pub. L. 107–56, § 814(c)(3), added par. (4).
Subsec. (d). Pub. L. 107–56, § 506(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under subsections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of 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.”
Subsec. (e)(2)(B). Pub. L. 107–56, § 814(d)(1), inserted “, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States” before semicolon.
Subsec. (e)(7). Pub. L. 107–56, § 814(d)(2), struck out “and” at end.
Subsec. (e)(8). Pub. L. 107–56, § 814(d)(3), added par. (8) and struck out former par. (8) which read as follows: “the term ‘damage’ means any impairment to the integrity or availability of data, a program, a system, or information, that—
“(A) causes loss aggregating at least $5,000 in value during any 1-year period to one or more individuals;
“(B) modifies or impairs, or potentially modifies or impairs, the medical examination, diagnosis, treatment, or care of one or more individuals;
“(C) causes physical injury to any person; or
“(D) threatens public health or safety; and”.
Subsec. (e)(10) to (12). Pub. L. 107–56, § 814(d)(4), (5), added pars. (10) to (12).
Subsec. (g). Pub. L. 107–56, § 814(e), substituted “A civil action for a violation of this section may be brought only if the conduct involves 1 of the factors set forth in clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B). Damages for a violation involving only conduct described in subsection (a)(5)(B)(i) are limited to economic damages.” for “Damages for violations involving damage as defined in subsection (e)(8)(A) are limited to economic