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8.85 Unauthorized Access Devices-Using or Trafficking (18 U.S.C. Sec. 1029(a)(2))

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

8.85 Unauthorized Access Devices-Using or Trafficking (18 U.S.C. Sec. 1029(a)(2)) is a federal law in the United States which makes it illegal to either use or traffic in any device, hardware, software or code that can be used to access a computer or electronic device without authorization. This includes things like hacking tools, stolen access codes, data-mining tools, or any other device that can be used to steal or gain access to a system without permission. It also includes the buying, selling, or otherwise transferring of such devices without authorization. The penalty for violating this law can include fines and/or imprisonment. Types of unauthorized access devices which are covered by this law include but are not limited to: • Hacking tools • Stolen access codes • Data-mining tools • Malware programs • Spyware programs • Keyloggers • Logic bombs • Phishing tools • Password crackers • Exploits • Vulnerability scannerRootkitotkittttts.ts.

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FAQ

Unauthorized access device means any access device that is lost; stolen; expired; revoked; canceled; or obtained with intent to defraud.

A conviction for a first time offense can result in a fine of up to $25,000, and a prison term of up to ten or fifteen years, or both, as well as forfeiture of any equipment used to perpetrate the crime depending on the type of fraud which is broken down by sub-sections.

The term "unauthorized access device" includes any access device or credit card that is lost, stolen, expired, revoked, canceled or obtained with intent to defraud.

Access Device means any electronic device you use to access your account and view electronic documents. This includes, but is not limited to: a traditional computer such as a desktop or laptop computer; or a mobile device such as a tablet computer or a smartphone.

If you are convicted of federal credit card fraud, you face up 10 15 years in federal prison. If you are convicted of violating 18 U.S.C. 1029 for acts 1, 2, 3, 6, 7, or 10, listed above, you face a sentence of up to 10 years in federal prison, a fine of up to $250,000, or both prison and fine.

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

More info

Knowingly and with intent to defraud possesses fifteen or more devices which are counterfeit or unauthorized access devices;. 18 U.S.C. 1029 - Fraud and related activity in connection with access devices.View the most recent version of this document on this website. 8.85. Unauthorized Access Devices—Using or Trafficking. (18 U.S.C. § 1029(a)(2)). 8.70. 8.86. Unauthorized Access DevicesUsing or Trafficking. (18 U.S.C. § 1029(a)(2)). 8.21.3. 8.70. Identity Group. Equipment. Moving. Non-moving. Total. Asian. 3, unauthorized use of "access card" as theft;. 42 U.S.C. § 262(k). Sec. 2.

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8.85 Unauthorized Access Devices-Using or Trafficking (18 U.S.C. Sec. 1029(a)(2))