Sec. 109. Damage to critical infrastructure computers
460 words·~2 min read·
/bill/113/s/1897/is/section-109A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 47 of title 18, United States Code, is amended by inserting after section 1030 the following: In this section— the terms computer and damage have the meanings given such terms in section 1030; and the term critical infrastructure computer means a computer that manages or controls systems or assets vital to national defense, national security, national economic security, public health or safety, or any combination of those matters, whether publicly or privately owned or operated, including— gas and oil production, storage, and delivery systems; water supply systems; telecommunication networks; electrical power delivery systems; finance and banking systems; emergency services; transportation systems and services; and government operations that provide essential services to the public.
It shall be unlawful to, during and in relation to a felony violation of section 1030, intentionally cause or attempt to cause damage to a critical infrastructure computer, and such damage results in (or, in the case of an attempt, would, if completed have resulted in) the substantial impairment— of the operation of the critical infrastructure computer; or of the critical infrastructure associated with the computer. Any person who violates subsection
(b)shall be fined under this title, imprisoned for not less than 3 years nor more than 20 years, or both. Notwithstanding any other provision of law— a court shall not place on probation any person convicted of a violation of this section; except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment, including any term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony violation section 1030; in determining any term of imprisonment to be imposed for a felony violation of section 1030, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the United States Sentencing Commission pursuant to section 994 of title 28. . The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1030 the following: 1030A. Aggravated damage to a critical infrastructure computer. .