II 112th CONGRESS 2d Session S. 3186 IN THE SENATE OF THE UNITED STATES May 15, 2012 Mr. Schumer introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To make it unlawful to alter or remove the identification number of a mobile device.
1.
Short title
This Act may be cited as the Mobile Device Theft Deterrence Act of 2012.
2.
Altering or removing cellular telephone identification numbers
(a)
In general
Chapter 25 of title 18, United States Code, is amended by adding at the end the following:
515.
Altering or removing mobile device identification numbers
(a)
Definitions
In this section— (1)the term manufacturer means a person who has lawfully obtained the right to assign a mobile device identification number to a mobile device before the initial sale of the mobile device; and (2)the term mobile device identification number means an international mobile equipment identity number, electronic serial number, or any other number or signal that identifies a specific mobile wireless communications device. (b)
Prohibition
Except as provided in subsection (d), it shall be unlawful to— (1)knowingly remove, obliterate, tamper with, or alter a mobile device identification number; or (2)knowingly use, produce, traffic in, have control or custody of, or possess hardware or software, knowing it has been configured to engage in the conduct described in paragraph (1). (c)
Penalty
Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both. (d)
Exception
Subsection (b) shall not apply to the manufacturer of a mobile device or a person who repairs or refurbishes a mobile device unless the manufacturer or person knows that the mobile device or part involved is stolen.
. (b)
Technical and conforming amendment
The table of sections for chapter 25 of title 18, United States Code, is amended by inserting after the item relating to section 514 the following: 515. Altering or removing mobile device identification numbers. .