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18 U.S.C. § 797 — Publication and sale of photographs of defense installations

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 797 — Publication and sale of photographs of defense installations

On and after thirty days from the date upon which the President defines any vital military or naval installation or equipment as being within the category contemplated under [section 795 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section795&num=0&edition=prelim), whoever reproduces, publishes, sells, or gives away any photograph, sketch, picture, drawing, map, or graphical representation of the vital military or naval installations or equipment so defined, without first obtaining permission of the commanding officer of the military or naval post, camp, or station concerned, or higher authority, unless such photograph, sketch, picture, drawing, map, or graphical representation has clearly indicated thereon that it has been censored by the proper military or naval authority, shall be fined under this title or imprisoned not more than one year, or both.

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Source location: Title 18, Chapter 37, § 797; chapter-037-espionage-and-censorship.md

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 795 — Photographing and sketching defense installations

**(a)** Whenever, in the interests of national defense, the President defines certain vital military and naval installations or equipment as requiring protection against the general dissemination of information relative thereto, it shall be unlawful to make any photograph, sketch, picture, drawing, map, or graphical representation of such vital military and naval installations or equipment without first obtaining permission of the commanding officer of the military or naval post, camp, or station, or naval vessels, military and naval aircraft, and any separate military or naval command concerned, or higher authority, and promptly submitting the product obtained to such commanding officer or higher authority for censorship or such other action as he may deem necessary. **(b)** Whoever violates this section shall be fined under this title or imprisoned not more than one year, or both.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 45 to 45d — Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862

### Statutory Notes Section 45, act Jan. 12, 1938, ch. 2, § 1, 52 Stat. 3, related to photographing of defensive installations. See sections 795 to 797 of Title 18, Crimes and Criminal Procedure. Section 45a, act Jan. 12, 1938, ch. 2, § 2, 52 Stat. 3, related to photographing, etc., from aircraft. See [section 796 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section796&num=0&edition=prelim). Section 45b, act Jan. 12, 1938, ch. 2, § 3, 52 Stat. 3, related to reproducing, publishing, selling uncensored copies. See [section 797 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section797&num=0&edition=prelim). Section 45c, act Jan. 12, 1938, ch. 2, § 4, 52 Stat. 4, related to definitions of “aircraft”, “post”, “camp”, and “station”. See sections 795 and 796 of Title 18. Section 45d, act Jan. 12, 1938, ch. 2, § 5, 52 Stat. 4, related to geographical application of law. #### Effective Date of Repeal Repeal of sections 45 to 45d effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding [section 1 of Title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1&num=0&edition=prelim), Judiciary and Judicial Procedure.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 797 — Publication and sale of photographs of de-

Page 188 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 796 the Secretary of the Air Force as ‘‘top secret’’, ‘‘se- cret’’, ‘‘confidential’’, or ‘‘restricted’’, and all such arti- cles, materials, or equipment which may hereafter be so classified, designated, or marked with the approval or at the direction of the President. 3. All official military, naval, or air-force books, pamphlets, documents, reports, maps, charts, plans, de- signs, models, drawings, photographs, contracts, or specifications which are now marked under the author- ity or at the direction of the President, the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force as ‘‘top se- cret’’, ‘‘secret’’, ‘‘confidential’’, or ‘‘restricted’’, and all such articles or equipment which may hereafter be so marked with the approval or at the direction of the President. This order supersedes Executive Order No. 8381 of March 22, 1940 entitled ‘‘Defining Certain Vital Military and Naval Installations and Equipment’’[.] HARRY S. TRUMAN. § 796. Use of aircraft for photographing defense installations Whoever uses or permits the use of an aircraft or any contrivance used, or designed for naviga- tion or flight in the air, for the purpose of mak- ing a photograph, sketch, picture, drawing, map, or graphical representation of vital military or naval installations or equipment, in violation of section 795 of this title, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 738; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on sections 45, 45a, and 45c of title 50, U.S.C., 1940 ed., War and National Defense (Jan. 12, 1938

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