Sec. 405. Aggravated damage to a critical infrastructure computer
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/bill/116/s/482/rs/section-405A 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: It shall be unlawful, during and in relation to a felony violation of section 1030, to knowingly cause or attempt to cause damage to a critical infrastructure computer, if such damage results in (or, in the case of an attempted offense, would, if completed, have resulted in) the substantial impairment— of the operation of the critical infrastructure computer; or of the critical infrastructure associated with such computer. Any person who violates subsection
(a)shall, in addition to the term of punishment provided for the felony violation of section 1030, be fined under this title, imprisoned for not more than 20 years, or both. Notwithstanding any other provision of law— a court shall not place any person convicted of a violation of this section on probation; except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony violation of section 1030; in determining any term of imprisonment to be imposed for the felony violation of section 1030, a court shall not in any way reduce the term to be imposed for such violation 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, if 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. In this section— the terms computer and damage have the meanings given the terms in section 1030; and the term critical infrastructure means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have catastrophic regional or national effects on public health or safety, economic security, or national security, including voter registration databases, voting machines, and other communications systems that manage the election process or report and display results on behalf of State and local governments. . 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. .