§1204. Criminal offenses and penalties

(a) In General.-Any person who violates section 1201 or 1202 willfully and for purposes of commercial advantage or private financial gain-

(1) shall be fined not more than $500,000 or imprisoned for not more than 5 years, or both, for the first offense; and

(2) shall be fined not more than $1,000,000 or imprisoned for not more than 10 years, or both, for any subsequent offense.

(b) Limitation for Nonprofit Library, Archives, Educational Institution, or Public Broadcasting Entity.-Subsection (a) shall not apply to a nonprofit library, archives, educational institution, or public broadcasting entity (as defined under section 118(f)).

(c) Statute of Limitations.-No criminal proceeding shall be brought under this section unless such proceeding is commenced within 5 years after the cause of action arose.

(Added Pub. L. 105–304, title I, §103(a), Oct. 28, 1998, 112 Stat. 2876 ; amended Pub. L. 106–113, div. B, §1000(a)(9) [title V, §5004(b)], Nov. 29, 1999, 113 Stat. 1536 , 1501A-593; Pub. L. 111–295, §6(f)(3), Dec. 9, 2010, 124 Stat. 3181 .)

Editorial Notes

Amendments

2010-Subsec. (b). Pub. L. 111–295 substituted "118(f)" for "118(g)".

1999-Subsec. (b). Pub. L. 106–113 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: "Subsection (a) shall not apply to a nonprofit library, archives, or educational institution."