12 2 STA T .356 2 PUBLIC LA W 11 0– 326 — S E PT. 26 , 200 8‘ ‘ (V)dam a ge a f fe ctin gac o m pu te r u s ed by or for an entity of t h e U nited S tates G o v ernment in further - ance of the administration of j ustice , nationa l defense, or national security
or ‘‘(V I ) damage affecting 10 or more protected com- puters during any 1-year period; or ‘‘(ii) an attempt to commit an offense punishable under this subparagraph; ‘‘( B )e x cept as provided in subparagraphs ( E )and( F ),a fine under this title, imprisonment for not more than 10 years, or both, in the case of — ‘‘(i) an offense under subsection (a)( 5 )( A ), w hich does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused) a harm provided in subclauses (I) through (VI) of subparagraph (A)(i); or ‘‘(ii) an attempt to commit an offense punishable under this subparagraph; ‘‘( C ) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 2 0 years, or both, in the case of— ‘‘(i) an offense or an attempt to commit an offense under subparagraphs (A) or (B) of subsection (a)(5) that occurs after a conviction for another offense under this section; or ‘‘(ii) an attempt to commit an offense punishable under this subparagraph; ‘‘( D ) a fine under this title, imprisonment for not more than 10 years, or both, in the case of— ‘‘(i) an offense or an attempt to commit an offense under subsection (a)(5)(C) that occurs after a conviction for another offense under this section; or ‘‘(ii) an attempt to commit an offense punishable under this subparagraph; ‘‘(E) if the offender attempts to cause or k nowingly or recklessly causes serious bodily injury from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for not more than 20 years, or both; ‘‘(F) if the offender attempts to cause or knowingly or recklessly causes death from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for any term of years or for life, or both; or ‘‘(G) a fine under this title, imprisonment for not more than 1 year, or both, for— ‘‘(i) any other offense under subsection (a)(5); or ‘‘(ii) an attempt to commit an offense punishable under this subparagraph .’ ’; and (D) by striking paragraph (5); and ( 3 ) in subsection (g)— (A) in the second sentence, by striking ‘‘in clauses (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B)’’ and inserting ‘‘in subclauses (I), (II), (III), (IV), or (V) of subsection (c)( 4 )(A)(i)’’; and (B) in the third sentence, by striking ‘‘subsection (a)(5)(B)(i)’’ and inserting ‘‘subsection (c)(4)(A)(i)(I)’’. (b) C ONF O RMI N G C HA NG ES .—Section 2332b(g)(5)(B)(i) of title 1 8 , United States Code, is amended by striking ‘‘1030(a)(5)(A)(i)
�
