8.84 Counterfeit Access Devices-Producing, Using, or Trafficking (18 U.S.C. Sec. 1029(a)(1)) is a federal crime that covers the production, use, or trafficking of counterfeit access devices. A counterfeit access device is defined as any device, including hardware, software, or other technology, that can be used to access a computer or data. Examples of counterfeit access devices include counterfeit credit cards, debit cards, access codes, or other methods of gaining unauthorized access to a computer or data. The law applies to any person who knowingly produces, uses, or traffics any counterfeit access device or any person who possesses any counterfeit access device with the intent to use, transfer, or sell it. The penalty for violating this law can include fines and up to 10 years in prison.
8.84 Counterfeit Access Devices-Producing, Using, or Trafficking (18 U.S.C. Sec. 1029(a)(1))
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FAQ
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.
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.
"Counterfeit access device" is defined at 18 U.S.C. § 1029(e)(2) as "any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access device. See United States v.
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.
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
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.