Access Device-Defined (18 U.S.C. Sec. 1029) is a federal law that defines an access device as any type of card, plate, code, account number, or other means of access to financial services or funds. This law prohibits the unauthorized use of an access device to obtain any goods or services, or to transfer funds from another person’s account. It also prohibits the trafficking of access devices, and the use of access devices to commit fraud. Types of access devices that are prohibited by this law include debit cards, credit cards, ATM cards, prepaid cards, stored value cards, and any other type of access device that can be used to access funds or financial services.
8.90 Access Device-Defined (18 U.S.C. Sec. 1029).
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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FAQ
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.
(1) 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
The term ?telecommunication identifying information? means electronic serial number or any other number or signal that identifies a specific telecommunications instrument or account, or a specific communication transmitted from a telecommunications instrument.
Unauthorized access is when a person gains entry to a computer network, system, application software, data, or other resources without permission. Any access to an information system or network that violates the owner or operator's stated security policy is considered unauthorized access.
1029. Fraudulent Presentment and Related Unauthorized Credit Card Transactions Made by Access Device?18 U.S.C.