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1021. 18 U.S.C. § 1030—Post October 1996

On October 3, 1996, the National Information Infrastructure Protection Plan of 1996 ("NIIPA"), Pub. L. 104-294 (Oct. 3, 1996), 110 Stat. 3488, was signed into law. The NIIPA amended section 1030, making significant changes that affect prosecutions of conduct occurring after October 3, 1996. As amended, section 1030 contains seven separate provisions that create both felonies and misdemeanors. It also punishes attempts to commit these offenses (§  1030(b)). Finally, it expressly provides for enhanced punishments for any section 1030 offense when the defendant has already been convicted of another offense or attempt covered under the same section. These enhanced penalties and broader jurisdiction reflect the increasing seriousness with which computer-related crime is regarded.

[cited in JM 9-48.000]

Updated January 21, 2020