Title 18, Crimes and Criminal ProcedureRelease 119-110
§2326 Enhanced Penalties
Title 18 › PART I — CRIMES › CHAPTER 113A — TELEMARKETING AND EMAIL MARKETING FRAUD › § 2326
Summary
If someone is convicted, or convicted of conspiring, of an offense under 18 U.S.C. 1028, 1029, 1341–1344, 1347, or 42 U.S.C. 1320a–7b tied to telemarketing/email marketing, they get up to 5 years in prison in addition to the sentence for the crime. If the crime victimized ten or more persons over the age of 55, or targeted such persons, the extra prison term can be up to 10 years.
Full Legal Text
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,
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.
Legislative History
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.
Reference
Citations & Metadata
Citation
18 U.S.C. § 2326
Title 18, Crimes and Criminal Procedure
Last Updated
Sep 22, 2026
Release point: 119-110