Home / United States / Intellectual-property offences (copyright / trademark)
Intellectual-property offences (copyright / trademark)Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
§ 2319(b)(1) — Copyright: wilful infringement, 10+ copies, over $2,500 in 180 daysPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 5 years
- Fine
- Per § 3571 cap (see fine-cap note)
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
§ 2319(b)(2) — Copyright, second or subsequent offencePossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 10 years
- Fine
- Per § 3571 cap (see fine-cap note)
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
§ 2319(b)(3) — Copyright, otherPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 1 year
- Fine
- Per § 3571 cap (see fine-cap note)
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
§ 2319(c) — Pre-release worksPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 3 years; aggravated 0–5 years
- Fine
- Per § 3571 cap (see fine-cap note)
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
§ 2320 — Trademark counterfeiting, first offencePossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 10 years
- Fine
- Individual fine $0–$2,000,000; organisation $0–$5,000,000
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
§ 2320 — Trademark counterfeiting, second or subsequentPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 20 years
- Fine
- Individual fine $0–$5,000,000; organisation $0–$15,000,000
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
§ 2320 — Serious bodily injuryPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 20 years
- Fine
- Per § 3571 cap (see fine-cap note)
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
§ 2320 — Death resultsPossibly — unconfirmed
- Imprisonment
- Any term of years up to life
- Fine
- Per § 3571 cap (see fine-cap note)
§ 2320 — Military goods / counterfeit drugsPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 20 years
- Fine
- Fine $0–$5,000,000
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.