Enhanced penalties

  1. Law
  2. USC 18
  3. Crimes And Criminal Procedure
  4. CRIMES
  5. TELEMARKETING AND EMAIL MARKETING FRAUD
  6. Enhanced penalties

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§2326. Enhanced penalties

A person who is convicted of an offense under section 1028, 1029, 1341, 1342, 1343, 1344, or 1347 or section 1128B of the Social Security Act (42 U.S.C. 1320a–7b), or a conspiracy to commit such an offense, in connection with the conduct of telemarketing or email marketing-

(1) shall be imprisoned for a term of up to 5 years in addition to any term of imprisonment imposed under any of those sections, respectively; and

(2) in the case of an offense under any of those sections that-

(A) victimized ten or more persons over the age of 55; or

(B) targeted persons over the age of 55,


shall be imprisoned for a term of up to 10 years in addition to any term of imprisonment imposed under any of those sections, respectively.

(Added Pub. L. 103–322, title XXV, §250002(a)(2), Sept. 13, 1994, 108 Stat. 2082 ; amended Pub. L. 105–184, §§3, 4, June 23, 1998, 112 Stat. 520 ; Pub. L. 115–70, title IV, §402(a)(3), Oct. 18, 2017, 131 Stat. 1214 .)


Editorial Notes

Amendments

2017-Pub. L. 115–70 substituted "1344, or 1347 or section 1128B of the Social Security Act (42 U.S.C. 1320a–7b)" for "or 1344" and inserted "or email marketing" after "telemarketing" in introductory provisions.

1998-Pub. L. 105–184 inserted ", or a conspiracy to commit such an offense," after "or 1344" in introductory provisions and substituted "shall" for "may" in two places.


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