PUBLIC LAW 105-172—APR. 24, 1998 112 STAT. 53 Public Law 105-172 105th Congress An Act To amend title 18, United States Code, with respect to scanning receivers and similar devices. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Wireless Telephone Protection IN CONNECTION WITH Act". SEC. 2. FRAUD AND RELATED ACTIVITY COUNTERFEIT ACCESS DEVICES. (a) UNLAWFUL ACTS.— Section 1029(a) of title 18, United States Code, is amended— (1) by redesignating paragraph (9) as paragraph (10); and (2) by striking paragraph (8) and inserting the following: "(8) knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a scanning receiver; "(9) knowingly uses, produces, traffics in, has control or custody of, or possesses hardware or software, knowing it has been configured to insert or modify telecommunication identify- ing information associated with or contained in a telecommunications instrument so that such instrument may be used to obtain telecommimications service without authorization; or". (b) PENALTIES.— (1) GENERALLY.— Section 1029(c) of title 18, United States Code, is amended to read as follows: "(c) PENALTIES. — "(1) GENERALLY. —The punishment for an offense under subsection (a) of this section is— "(A) in the case of an offense that does not occur after a conviction for another offense under this section— "(i) if the offense is under paragraph (1), (2), (3), (6), (7), or (10) of subsection (a), a fine under this title or imprisonment for not more than 10 years, or both; and "(ii) if the offense is under paragraph (4), (5), (8), or (9), of subsection (a), a fine under this title or imprisonment for not more than 15 years, or both; "(B) in the case of an offense that occurs after a conviction for another offense under this section, a fine under this title or imprisonment for not more than 20 years, or both; and Apr. 24, 1998 [S. 493] Wireless Telephone Protection Act. Law enforcement and crime. 18 USC 1001 note.
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