18 U.S.C. § 1030 – Fraud and Related Activity in Connection with Computers
This law makes it a federal crime to access computers without authorization or in excess of authorization and to engage in specified computer-related fraud, damage, trafficking, or extortion.
This statute targets unauthorized access to computers, misuse of computer systems, computer-related fraud schemes, damage to protected computers, trafficking in access credentials, and computer-based extortion.
It applies to conduct involving government computers, financial records, protected computers used in interstate or foreign commerce, and computer systems used by or for the United States.
What the law prohibits.
A person violates this statute if they knowingly:
- Access a computer without authorization or exceed authorized access and obtain classified national defense, foreign relations, or restricted data and willfully communicate, transmit, retain, or fail to deliver such information to the proper United States authority
- Intentionally access a computer without authorization or exceed authorized access and obtain financial records, consumer records, information from a United States department or agency, or information from any protected computer
- Access without authorization a nonpublic computer used exclusively or primarily by or for the United States Government and affect its use
- With intent to defraud, access a protected computer without authorization or exceed authorized access and further the fraud by obtaining anything of value
- Transmit a program, code, or command and intentionally cause damage to a protected computer, or intentionally access a protected computer without authorization and recklessly or intentionally cause damage and loss
- Traffic in passwords or similar access information with intent to defraud when the conduct affects interstate or foreign commerce or involves a computer used by or for the United States
- Transmit communications in interstate or foreign commerce containing threats to damage a protected computer, obtain information without authorization, impair confidentiality, or demand money in relation to computer damage
- Attempt or conspire to commit any offense prohibited by this section
Penalties.
Punishment under this statute varies by subsection, prior convictions, and resulting harm, and includes fines and imprisonment ranging from not more than one year to imprisonment for any term of years or for life. Maximum penalties include imprisonment for not more than ten years, twenty years, or life, depending on the offense conduct, aggravating factors, and whether serious bodily injury or death results.
If you’re being investigated or charged under a federal computer crime statute, call (314) 900-HELP or contact our criminal defense attorneys to discuss your situation.
