Page:United States Statutes at Large Volume 108 Part 3.djvu/330

 108 STAT. 2082 PUBLIC LAW 103-322—SEPT. 13, 1994 SEC. 260002. ENHANCED PENALTIES FOR TELEMARKETING FRAUD. (a) OFFENSE. —Part I of title 18, United States Code, is amended— (1) by redesignating chapter 113A as chapter 113B; and (2) by inserting after chapter 113 the following new chapter: "CHAPTER 113A—TELEMARKETING FRAUD "Sec. "2325. Definition. "2326. Enhanced penalties. "2327. Mandatory restitution. "<§ 2325. Definition "In this chapter, telemarketing*— "(1) means a plan, program, promotion, or campaign that is conducted to induce— "(A) purchases of goods or services; or "(B) participation in a contest or sweepstakes, by use of 1 or more interstate telephone calls initiated either by a person who is conducting the plan, program, promotion, or campaign or by a prospective purchaser or contest or sweepstakes participant; but " (2) does not include the solicitation of sales through the mailing of a catalog that— "(A) contains a written description or illustration of the goods or services offered for sale; "(B) includes the business address of the seller; "(C) includes multiple pages of written material or illustration; and "(D) has been issued not less frequently than once a year, if the person making the solicitation does not solicit customers by telephone but only receives calls initiated by customers in response to the catalog and during those calls takes orders without further solicitation. "A person who is convicted of an offense under section 1028, 1029, 1341, 1342, 1343, or 1344 in connection with the conduct of telemarketing— "(1) may 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, may be imprisoned for a term of up to 10 years in addition to any term of imprisonment imposed under any of those sections, respectively. Courts. ^§2327. Mandatory restitution " (a) IN GENERAL. — Notwithstanding section 3663, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter. "(b) SCOPE AND NATURE OF ORDER. —
 * "§ 2326. Enhanced penalties

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