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18 U.S.C. § 793 — Gathering, transmitting or losing defense information
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, research laboratory or station or other place connected with the national defense owned or constructed, or in progress of construction by the United States or under the control of the United States, or of any of its officers, departments, or agencies, or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, stored, or are the subject of research or development, under any contract or agreement with the United States, or any department or agency thereof, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any prohibited place so designated by the President by proclamation in time of war or in case of national emergency in which anything for the use of the Army, Navy, or Air Force is being prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the national defense; or
**(b)** Whoever, for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or obtains, or attempts to copy, take, make, or obtain, any sketch, p
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Source file: Laws/federal/codes/united-states-code/title-18/section-793-gathering-transmitting-or-losing-defense-information--6d76217973.md
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Source location: Title 18, Chapter 37, § 793; chapter-037-espionage-and-censorship.md
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**(a)** Whoever, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, research laboratory or station or other place connected with the national defense owned or constructed, or in progress of construction by the United States or under the control of the United States, or of any of its officers, departments, or agencies, or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, stored, or are the subject of research or development, under any contract or agreement with the United States, or any department or agency thereof, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any prohibited place so designated by the President by proclamation in time of war or in case of national emergency in which anything for the use of the Army, Navy, or Air Force is being prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the national defense; or
**(b)** Whoever, for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or obtains, or attempts to copy, take, make, or obtain, any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national defense; or
**(c)** Whoever, for the purpose aforesaid, receives or obtains or agrees or attempts to receive or obtain from any person, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note, of anything connected with the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts to receive or obtain it, that it has been or will be obtained, taken, made, or disposed of by any person contrary to the provisions of this chapter; or
**(d)** Whoever, lawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or
**(e)** Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; or
**(f)** Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—Shall be fined under this title or imprisoned not more than ten years, or both.
**(g)** If two or more persons conspire to violate any of the foregoing provisions of this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be subject to the punishment provided for the offense which is the object of such conspiracy.
**(h)**
(1) Any person convicted of a violation of this section shall forfeit to the United States, irrespective of any provision of State law, any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, from any foreign government, or any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, as the result of such violation. For the purposes of this subsection, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(2) The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1) of this subsection.
(3) The provisions of subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ([21 U.S.C. 853(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853/b&num=0&edition=prelim), (c), and (e)–(p)) shall apply to—
(A) property subject to forfeiture under this subsection;
(B) any seizure or disposition of such property; and
(C) any administrative or judicial proceeding in relation to such property,
if not inconsistent with this subsection.
(4) Notwithstanding [section 524(c) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section524/c&num=0&edition=prelim), there shall be deposited in the Crime Victims Fund in the Treasury all amounts from the forfeiture of property under this subsection remaining after the payment of expenses for forfeiture and sale authorized by law.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
**(b)** Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.
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Federal law — U.S. Code and appendices · legal_authorities
Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe or suspect, has committed, or is about to commit, an offense under sections 793 or 794 of this title, shall be fined under this title or imprisoned not more than ten years, or both.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this title:
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 31, acts June 15, 1917, ch. 30, title I, § 1, 40 Stat. 217; Mar. 28, 1940, ch. 72, title I, § 1, 54 Stat. 79, related to unlawful obtaining or permitting to be obtained information affecting national defense. See [section 793 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section793&num=0&edition=prelim), Crimes and Criminal Procedure.
Section 32, act June 15, 1917, ch. 30, title I, § 2, 40 Stat. 218, related to unlawful disclosures affecting national defense. See [section 794 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section794&num=0&edition=prelim).
Section 33, act June 15, 1917, ch. 30, title I, § 3, 40 Stat. 219, related to seditious or disloyal acts or words in time of war. See [section 2388 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2388&num=0&edition=prelim). Section 33 was amended by act May 16, 1918, ch. 75, § 1, 40 Stat. 553, which was repealed and the original section reenacted by act Mar. 3, 1921, ch. 136, 41 Stat. 1359.
Section 34, act June 15, 1917, ch. 30, title I, § 4, 40 Stat. 219, related to conspiracy to violate sections 32 and 33 of this title. See sections 794 and 2388 of Title 18.
Section 35, acts June 15, 1917, ch. 30, title I, § 5, 40 Stat. 219; Mar. 28, 1940, ch. 72, § 2, 54 Stat. 79, related to the harboring or concealing of violators of the law. See sections 792 and 2388 of Title 18.
Section 36, act June 15, 1917, ch. 30, title I, § 6, 40 Stat. 219, related to designation by proclamation of prohibited areas. See [section 793 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section793&num=0&edition=prelim).
Section 37, act June 15, 1917, ch. 30, title I, § 8,
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Sept. 23, 1950, ch. 1024, title I, § 2, 64 Stat. 987; Pub. L. 90–237, § 1, Jan. 2, 1968, 81 Stat. 765, related to Congressional finding of necessity to control subversive activities.
#### Short Title
Act Sept. 23, 1950, ch. 1024, 64 Stat. 987, provided that: “This Act [enacting subchapters I to III of this chapter and [section 1507 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1507&num=0&edition=prelim), Crimes and Criminal Procedure, amending sections 137 to 137–8, 156, 456, 457, 704, 705, 725, 729, 733, 734, and 735 of Title 8, Aliens and Nationality, [section 793 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section793&num=0&edition=prelim), and sections 611 and 618 of Title 22, Foreign Relations and Intercourse, enacting provisions set out as notes under sections 781 and 811 of this title and [section 792 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section792&num=0&edition=prelim), and amending a provision set out as a note under [section 402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section402&num=0&edition=prelim)] may be cited as the ‘Internal Security Act of 1950’.”
Act Sept. 23, 1950, ch. 1024, title I, § 1(a), 64 Stat. 987, which provided that title I of act Sept. 23, 1950, which enacted this subchapter and [section 1507 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1507&num=0&edition=prelim), Crimes and Criminal Procedure, amended sections 137 to 137–8, 156, 456, 457, 704, 705, 725, 729, 733, 734, and 735 of Title 8, Aliens and Nationality, [section 793 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim
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Federal law — U.S. Code and appendices · legal_authorities
Page 184
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
[§ 791
CHAPTER 37—ESPIONAGE AND CENSORSHIP
Sec.
[791.
Repealed.]
792.
Harboring or concealing persons.
793.
Gathering, transmitting or losing defense in-
formation.
794.
Gathering or delivering defense information
to aid foreign government.
795.
Photographing and sketching defense instal-
lations.
796.
Use of aircraft for photographing defense in-
stallations.
797.
Publication and sale of photographs of de-
fense installations.
798.
Disclosure of classified information.
798A.
Temporary extension of section 794.
799.
Violation of regulations of National Aero-
nautics and Space Administration.
Editorial Notes
AMENDMENTS
1990—Pub. L. 101–647, title XXXV, § 3519(b), Nov. 29,
1990, 104 Stat. 4923, redesignated item 798, ‘‘Temporary
extension of section 794’’, as 798A.
1961—Pub. L. 87–369, § 2, Oct. 4, 1961, 75 Stat. 795,
struck out item 791 ‘‘Scope of chapter’’.
1958—Pub. L. 85–568, title III, § 304(c)(2), July 29, 1958,
72 Stat. 434, added item 799.
1953—Act June 30, 1953, ch. 175, § 3, 67 Stat. 133, added
second item 798.
1951—Act Oct. 31, 1951, ch. 655, § 23, 65 Stat. 719, added
item 798.
[§ 791. Repealed. Pub. L. 87–369, § 1, Oct. 4, 1961,
75 Stat. 795]
Section, act June 25, 1948, ch. 645, 62 Stat. 736, related
to application of this chapter within the admiralty and
maritime jurisdiction of the United States, on the high
seas, and within the United States.
§ 792. Harboring or concealing persons
Whoever harbors or conceals any person who
he knows, or has reasonable grounds to believe
or suspect, has committed, or is about to com-
mit, an offense under sections 793 or 794 of this
title, shall be fined under this title or impris-
oned not more than ten years, or both.
(June 25, 194
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Property subject to criminal forfeiture** Any person convicted of a violation of this subchapter or subchapter II punishable by imprisonment for more than one year shall forfeit to the United States, irrespective of any provision of State law—
(1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation;
(2) any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation; and
(3) in the case of a person convicted of engaging in a continuing criminal enterprise in violation of [section 848 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section848&num=0&edition=prelim), the person shall forfeit, in addition to any property described in paragraph (1) or (2), any of his interest in, claims against, and property or contractual rights affording a source of control over, the continuing criminal enterprise.
The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to this subchapter or subchapter II, that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by this part, a defendant who derives profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds.
**(b) Meaning of term “property”** Property subject to criminal forfeiture under this section includes—
(1) real property, including things growing on, affixed to, and found in land; and
(2) tangible and intangible personal property, including rights, privileges, interests, claims, and securities.
**(c) Third party transfers** All right, title, and inter
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Federal law — U.S. Code and appendices · legal_authorities
Page 860
TITLE 21—FOOD AND DRUGS
§ 852
which occurred more than five years before the
date of the information alleging such prior con-
viction.
(Pub. L. 91–513, title II, § 411, Oct. 27, 1970, 84
Stat. 1269.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on first day of seventh calendar
month that begins after Oct. 26, 1970, see section 704 of
Pub. L. 91–513, set out as a note under section 801 of
this title.
§ 852. Application of treaties and other inter-
national agreements
Nothing in the Single Convention on Narcotic
Drugs, the Convention on Psychotropic Sub-
stances, or other treaties or international agree-
ments shall be construed to limit the provision
of treatment, education, or rehabilitation as al-
ternatives to conviction or criminal penalty for
offenses involving any drug or other substance
subject to control under any such treaty or
agreement.
(Pub. L. 91–513, title II, § 412, as added Pub. L.
95–633, title I, § 107(a), Nov. 10, 1978, 92 Stat. 3773.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on date the Convention on Psycho-
tropic Substances enters into force in the United
States [July 15, 1980], see section 112 of Pub. L. 95–633,
set out as a note under section 801a of this title.
§ 853. Criminal forfeitures
(a) Property subject to criminal forfeiture
Any person convicted of a violation of this
subchapter or subchapter II punishable by im-
prisonment for more than one year shall forfeit
to the United States, irrespective of any provi-
sion of State law—
(1) any property constituting, or derived
from, any proceeds the person obtained, di-
rectly or indirectly, as the result of such vio-
lation;
(2) any of the person’s property used, or in-
tended to be used, in any mann
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