§2326 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

If someone is convicted of certain fraud or identity-related crimes tied to telemarketing or email marketing, they must serve up to 5 extra years in prison on top of any sentence for the underlying crime. That extra penalty also applies when the crime harmed ten or more people over 55 or when it specifically targeted older adults.

Title 18, §2326

Crimes and Criminal Procedure — Source: USLM XML via OLRC

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,

Notes & Related Subsidiaries

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.

§2326 Enhanced penalties

Summary

Title 18, §2326

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata