; or (B) a patient with human reproductive material in assisted reproduction without the gamete provider’s consent or in a manner or to an extent other than that to which the gamete provider consented to, shall be imprisoned not more than 10 years, fined in accordance with this title, or both. (2) Not a defense A health care professional or health facility found to have violated paragraph (1) may not use as a defense that a patient consented in writing to the use of human reproductive material from an anonymous gamete provider. (c) Circumstances described For the purposes of subsections (a) and (b), the circumstances described in this subsection are that— (1) the conduct described in such subsections occurs during the course of, or as the result of, the travel of the defendant or covered individual— (A) across a State line or national border; or (B) using a channel, facility, or instrumentality of interstate or foreign commerce; (2) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in such subsections; (3) the conduct described in such subsections— (A) interferes with commercial or other economic activity in which the defendant or covered individual is engaged at the time of the conduct; or (B) otherwise affects interstate or foreign commerce; (4) the conduct described in such subsections occurred within the special maritime and territorial jurisdiction of the United States or within any territory or possession of the United States