18 U.S.C. § 2326 — Enhanced penalties
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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. (Added Pub. L. 103–322, title XXV, § 250002(a)(2) , Sept. 13, 1994 , 108 Stat. 2082 ; amended Pub. L. 105–184 , §§ 3, 4, June 23, 1998 , 112 Stat. 520 ; Pub. L. 115–70, title IV, § 402(a)(3) , Oct. 18, 2017 , 131 Stat. 1214 .) 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.
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