18 U.S.C. § 2326
Section 2326 · Enhanced penalties
This is § 250002 of the Violent Crime Control and Law Enforcement Act of 1994
Amended 3 times on record
Applied in 15 court decisions — leading case United States v. Descent (2002)
Most recently applied in United States v. Warren (January 2021)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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—
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
in the case of an offense under any of those sections that—
victimized ten or more persons over the age of 55; or
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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.