UNITED STATES CODE ANNOTATED
COPR. (c) WEST 1990 No Claim to Orig. Govt. Works
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 47--FRAUD AND FALSE STATEMENTS
s 1030. Fraud and related activity in connection with computers
(a) Whoever--
(1) knowingly accesses a computer without authorization or exceeds authorized
access, and by means of such conduct obtains information that has been
determined by the United States Government pursuant to an Executive order or
statute to require protection against unauthorized disclosure for reasons of
national defense or foreign relations, or any restricted data, as defined in
paragraph r. of section 11 of the Atomic Energy Act of 1954, with the intent
or reason to believe that such information so obtained is to be used to the
injury of the United States, or to the advantage of any foreign nation;
(2) intentionally accesses a computer without authorization or exceeds
authorized access, and thereby obtains 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 reporting agency on
a consumer, as such terms are defined in the Fair Credit Reporting Act (15
U.S.C. 1681 et seq.);
(3) intentionally, without authorization to access any computer of a
department or agency of the United States, accesses such a computer of that
department or agency that is exclusively for the use of the Government 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
the use of the Government's operation of such computer;
(4) knowingly and with intent to defraud, accesses a Federal interest
computer without authorization, 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;
(5) intentionally accesses a Federal interest computer without authorization,
and by means of one or more instances of such conduct alters, damages, or
destroys information in any such Federal interest computer, or prevents
authorized use of any such computer or information, and thereby--
(A) causes loss to one or more others of a value aggregating $1,000 or more
during any one year period; or
(B) modifies or impairs, or potentially modifies or impairs, the medical
examination, medical diagnosis, medical treatment, or medical care of one or
more individuals; or
(6) knowingly and with intent to defraud traffics (as defined in section
1029) in any password or similar information through which a computer may be
accessed without authorization, if--
(A) such trafficking affects interstate or foreign commerce; or
(B) such computer is used by or for the Government of the United States;
shall be punished as provided in subsection (c) of this section.
(b) Whoever attempts to commit an offense under subsection (a) of this section
shall be punished as provided in subsection (c) of this section.
(c) The punishment for an offense under subsection (a) or (b) of this section
is--
(1)(A) a fine under this title or imprisonment for not more than ten years,
or both, in the case of an offense under subsection (a)(1) of this section
which does not occur after a conviction for another offense under such
subsection, or an attempt to commit an offense punishable under this
subparagraph; and
(B) a fine under this title or imprisonment for not more than twenty years,
or both, in the case of an offense under subsection (a)(1) of this section
which occurs after a conviction for another offense under such subsection, or
an attempt to commit an offense punishable under this subparagraph; and
(2)(A) a fine under this title or imprisonment for not more than one year, or
both, in the case of an offense under subsection (a)(2), (a)(3) or (a)(6) of
this section which does not occur after a conviction for another offense under
such subsection, or an attempt to commit an offense punishable under this
subparagraph; and
(B) a fine under this title or imprisonment for not more than ten years, or
both, in the case of an offense under subsection (a)(2), (a)(3) or (a)(6) of
this section which occurs after a conviction for another offense under such
subsection, or an attempt to commit an offense punishable under this
subparagraph; and
(3)(A) a fine under this title or imprisonment for not more than five years,
or both, in the case of an offense under subsection (a)(4) or (a)(5) of this
section which does not occur after a conviction for another offense under such
subsection, or an attempt to commit an offense punishable under this
subparagraph; and
(B) a fine under this title or imprisonment for not more than ten years, or
both, in the case of an offense under subsection (a)(4) or (a)(5) of this
section which occurs after a conviction for another offense under such
subsection, or an attempt to commit an offense punishable under this
subparagraph.
(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 "computer" means an electronic, magnetic, optical,
electrochemical, or other high speed data processing device performing
logical, arithmetic, or storage functions, and includes any data storage
facility or communications facility directly related to or operating in
conjunction with such device, but such term does not include an automated
typewriter or typesetter, a portable hand held calculator, or other similar
device;
(2) the term "Federal interest computer" means a computer--
(A) exclusively for the use of a financial institution or the United States
Government, or, in the case of a computer not exclusively for such use, used
by or for a financial institution or the United States Government and the
conduct constituting the offense affects the use of the financial
institution's operation or the Government's operation of such computer; or
(B) which is one of two or more computers used in committing the offense,
not all of which are located in the same State;
(3) the term "State" includes the District of Columbia, the Commonwealth of
Puerto Rico, and any other possession or territory of the United States;
(4) the term "financial institution" means--
(A) an institution with deposits insured by the Federal Deposit Insurance
Corporation;
(B) the Federal Reserve or a member of the Federal Reserve including any
Federal Reserve Bank;
(C) a credit union with accounts insured by the National Credit Union
Administration;
(D) a member of the Federal home loan bank system and any home loan bank;
(E) any institution of the Farm Credit System under the Farm Credit Act of
1971;
(F) a broker-dealer registered with the Securities and Exchange Commission
pursuant to section 15 of the Securities Exchange Act of 1934; and
(G) the Securities Investor Protection Corporation;
(5) the term "financial record" means information derived from any record
held by a financial institution pertaining to a customer's relationship with
the financial institution;
(6) the term "exceeds authorized access" means to access a computer with
authorization and to use such access to obtain or alter information in the
computer that the accesser is not entitled so to obtain or alter; and
(7) the term "department of the United States" means the legislative or
judicial branch of the Government or one of the executive departments
enumerated in section 101 of title 5.
(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.
(Added Pub.L. 98-473, Title II, s 2102(a), Oct. 12, 1984, 98 Stat. 2190, and
amended Pub.L. 99-474, s 2, Oct. 16, 1986, 100 Stat. 1213; Pub.L. 100-690,
Title VII, s 7065, Nov. 18, 1988, 102 Stat. 4404; Pub.L. 101-73, Title IX, s
962(a)(5), Aug. 9, 1989, 103 Stat. 502.)
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
References in Text. Reference to "paragraph r of section 11 of the Atomic
Energy Act of 1954", referred to in subsec. (a)(1) probably was intended to
mean par. (y) of such section which is classified to section 2014(y) of Title
42, Public Health and Welfare.
The Fair Credit Reporting Act, referred to in subsec. (a)(2), is Pub.L. 90-
321, Title VI, s 601 et seq., which is classified to section 1681 et seq. of
Title 15, Commerce and Trade.
The Farm Credit Act of 1971, referred to in subsec. (e)(4)(F), is Pub.L. 92-
181, Dec. 10, 1971, 85 Stat. 585, as amended, which is classified generally to
chapter 23 (section 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 volume.
Section 15 of the Securities Exchange Act of 1934, referred to in subsec.
(e)(4)(G), is classified to section 78o of Title 15, Commerce and Trade.
1989 Amendment. Subsec. (e)(4)(A). Pub.L. 101-73, s 962(a)(5)(A),
substituted "an institution" for "a bank".
Subsec. (e)(4)(C) to (H). Pub.L. 101-73, s 962(a)(5)(B), (C), redesignated
former subpars. (D) to (H) as (C) to (G), respectively, and struck out former
subpar. (C), which had included within the definition of the term "financial
institution" institutions with accounts insured by the Federal Savings and Loan
Insurance Corporation.
1988 Amendment. Subsec. (a)(2). Pub.L. 100-690 inserted a comma after
"financial institution" and substituted "title 15," for "title 15,,".
1986 Amendment. Subsec. (a)(1). Pub.L. 99-474, s 2(c), substituted "or
exceeds authorized access" for "or having accessed a computer with
authorization, uses the opportunity such access provides for purposes to which
such authorization does not extend".
Subsec. (a)(2). Pub.L. 99-474, s 2(a)(1)-(4), substituted "intentionally"
for "knowingly"; struck out "as such terms are defined in the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.)," following "financial
institution,"; struck out "or" appearing at end of par. (2); and added
following "financial institution" the phrase "or of a card issuer as defined in
section 1602(n) of title 15,".
Pub.L. 99-474, s 2(c), substituted "or exceeds authorized access" for "or
having accessed a computer with authorization, uses the opportunity such access
provides for purposes to which such authorization does not extend".
Subsec. (a)(3). Pub.L. 99-474, s 2(b)(1), added par. (3) and struck out
former par. (3) provision which read [Whoever--] "knowingly access a computer
without authorization, or having accessed a computer with authorization, uses
the opportunity such access provides for purposes to which such authorization
does not extend, and by means of such conduct knowingly uses, modifies,
destroys, or discloses information in, or prevents authorized use of, such
computer, if such computer is operated for or on behalf of the Government of
the United States and such conduct affects such operation; ", now covered in
par. (5). Subsec. (a)(3) end text. Pub.L. 99-474, s 2(b)(2), struck out follo
wing par.
(3) sentence reading "It is not an offense under paragraph (2) or (3) of this
subsection in the case of a person having accessed a computer with
authorization and using the opportunity such access provides for purposes to
which such access does not extend, if the using of such opportunity consists
only of the use of the computer.", now covered in subsec. (a)(4).
Subsec. (a)(4)-(6). Pub.L. 99-474, s 2(d), added pars. (4) to (6).
Subsec. (b). Pub.L. 99-474, s 2(e)(1), (2), struck out par. (1) designation
and par. (2) provision respecting specific conspiracy offense and prescribing
as a fine an amount not greater than the amount provided as the maximum fine
for such offense under subsec. (c) or imprisoned not longer than one-half the
period provided as the maximum imprisonment for such offense under subsec. (c),
or both.
Subsec. (c). Pub.L. 99-474, s 2(f)(9), substituted in opening phrase subsec.
"(b)" for "(b)(1)".
Subsec. (c)(1)(A). Pub.L. 99-474, s 2(f)(1), substituted "under this title"
for "of not more than the greater of $10,000 or twice the value obtained by the
offense".
Subsec. (c)(1)(B). Pub.L. 99-474, s 2(f)(2), substituted "under this title"
for "of not more than the greater of $100,000 or twice the value obtained by
the offense".
Subsec. (c)(2)(A). Pub.L. 99-474, s 2(f)(3), (4), inserted reference to
subsec. (a)(6) and substituted "under this title" for "of not more than the
greater of $5,000 or twice the value obtained or loss created by the offense".
Subsec. (c)(2)(B). Pub.L. 99-474, s 2(f)(3), (5)-(7), inserted reference to
subsec. (a)(6) and substituted "under this title" for "of not more than the
greater of $10,000 or twice the value obtained or loss created by the
offense", "not more than" for "not than", and "; and" for the period at end of
subpar. (B), respectively.
Subsec. (c)(3). Pub.L. 99-474, s 2(f)(8), added par. (3).
Subsec. (e). Pub.L. 99-474, s 2(g)(1), substituted at end of introductory
phrase a one-em dash for the comma.
Subsec. (e)(1). Pub.L. 99-474, s 2(g)(2), (3), aligned so much of the subsec.
so that it be cut in two ems and begin as an indented and designated par. (1),
and substituted a semicolon for the period at end thereof.
Subsec. (e)(2)-(7). Pub.L. 99-474, s 2(g)(4), added pars. (2) to (7).
Subsec. (f). Pub.L. 99-474, s 2(h), added subsec. (f).
Separability of Provisions. If any provision of Pub.L. 101-73 or the
application thereof to any person or circumstance is held invalid, the
remainder of Pub.L. 101-73 and the application of the provision to other
persons not similarly situated or to other circumstances not to be affected
thereby, see section 1221 of Pub.L. 101-73, set out as a note under section
1811 of Title 12, Banks and Banking.
Report to Congress. Section 2103 of Pub.L. 98-473 provided that: "The
Attorney General shall report to the Congress annually, during the first three
years following the date of the enactment of this joint resolution [Oct. 12,
1984], concerning prosecutions under the sections of title 18 of the United
States Code added by this chapter [this section]."
Legislative History. For legislative history and purpose of Pub.L. 98-473,
see 1984 U.S. Code Cong. and Adm. News, p. 3182. See, also, Pub.L. 99-646,
1986 U.S. Code Cong. and Adm. News, p. 6139; Pub.L. 101-73, 1989 U.S.Code
Cong. and Adm.News, p. 86.
REFERENCES
LAW REVIEW COMMENTARIES
The 1984 Federal Computer Crime Statute: A partial answer to a pervasive
problem. Joseph B. Tompkins, Jr. and Linda A. Mar, 6 Computer L.J. 459 (1986).
ANNOTATIONS
NOTES OF DECISIONS
1. Use of system
Agency had reasonable cause to believe that employee, who had altered computer
contracts, had committed crime, so as to invoke crime provision, even though
employee claimed that alterations were not to defraud government, but only to
show lack of security safeguards; relevant criminal statute only required
proof of use of computer system for any unauthorized purpose. Sawyer v. Dept.
of Air Force, MSPB 1986, 31 M.S.P.R. 193.
