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50 U.S.C. § 1827 — Penalties
Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibited activities** A person is guilty of an offense if he intentionally—
(1) under color of law for the purpose of obtaining foreign intelligence information, executes a physical search within the United States except as authorized by statute; or
(2) discloses or uses information obtained under color of law by physical search within the United States, knowing or having reason to know that the information was obtained through physical search not authorized by statute, for the purpose of obtaining intelligence information.
**(b) Defense** It is a defense to a prosecution under subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the physical search was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.
**(c) Fine or imprisonment** An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.
**(d) Federal jurisdiction** There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.
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Stable record: federal_law:legal_authorities:record_usc_fc6d94d83756267690c7cbbd
Source file: Laws/federal/codes/united-states-code/title-50/section-1827-penalties--cdfa3a0193.md
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Source location: Title 50, Chapter 36, § 1827; chapter-036-foreign-intelligence-surveillance.md
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**(a) Prohibited activities** A person is guilty of an offense if he intentionally—
(1) under color of law for the purpose of obtaining foreign intelligence information, executes a physical search within the United States except as authorized by statute; or
(2) discloses or uses information obtained under color of law by physical search within the United States, knowing or having reason to know that the information was obtained through physical search not authorized by statute, for the purpose of obtaining intelligence information.
**(b) Defense** It is a defense to a prosecution under subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the physical search was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.
**(c) Fine or imprisonment** An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.
**(d) Federal jurisdiction** There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) The terms “foreign power”, “agent of a foreign power”, “international terrorism”, “sabotage”, “foreign intelligence information”, “Attorney General”, “United States person”, “United States”, “person”, “weapon of mass destruction”, and “State” shall have the same meanings as in [section 1801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801&num=0&edition=prelim), except as specifically provided by this subchapter.
(2) “Aggrieved person” means a person whose premises, property, information, or material is the target of physical search or any other person whose premises, property, information, or material was subject to physical search.
(3) “Foreign Intelligence Surveillance Court” means the court established by [section 1803(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/a&num=0&edition=prelim).
(4) “Minimization procedures” with respect to physical search, means—
(A) specific procedures, which shall be adopted by the Attorney General, that are reasonably designed in light of the purposes and technique of the particular physical search, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information;
(B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in [section 1801(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801/e/1&num=0&edition=prelim), shall not be disseminated in a manner that identifies any Unite
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1821
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Federal law — U.S. Code and appendices · legal_authorities
An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 1801(a) or (b)(1)(A), respectively, of this title, whose premises, property, information, or material has been subjected to a physical search within the United States or about whom information obtained by such a physical search has been disclosed or used in violation of [section 1827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1827&num=0&edition=prelim) shall have a cause of action against any person who committed such violation and shall be entitled to recover—
(1) actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater;
(2) punitive damages; and
(3) reasonable attorney’s fees and other investigative and litigation costs reasonably incurred.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1828
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Federal law — U.S. Code and appendices · legal_authorities
Page 270
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1826
international proliferation of weapons of mass destruc-
tion’’ for ‘‘sabotage or international terrorism’’.
Subsec. (k)(2). Pub. L. 110–261, § 107(c)(2), substituted
‘‘1823(a)(6)’’ for ‘‘1823(a)(7)’’.
2002—Subsec. (k)(1). Pub. L. 107–296, § 899, which in-
serted, in introductory provisions, ‘‘or law enforcement
personnel of a State or political subdivision of a State
(including the chief executive officer of that State or
political subdivision who has the authority to appoint
or direct the chief law enforcement officer of that
State or political subdivision)’’ after ‘‘law enforcement
officers’’, was repealed by Pub. L. 117–347, § 323(a)(1)(A).
Repeal to have no effect on amendment by Pub. L.
107–296, see Construction of 2023 Amendment note set
out under section 2517 of Title 18, Crimes and Criminal
Procedure.
2001—Subsec. (k). Pub. L. 107–56 added subsec. (k).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–261 effective July 10, 2008,
except as provided in section 404 of Pub. L. 110–261, set
out as a Transition Procedures note under section 1801
of this title, see section 402 of Pub. L. 110–261, set out
as an Effective Date of 2008 Amendment note under sec-
tion 1801 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Do-
mestic Security.
EFFECTIVE DATE
Section effective 90 days after Oct. 14, 1994, with ex-
ception for certain physical searches approved by the
Attorney General to gather foreign intelligence infor-
mation, see section 807(c) of Pub. L. 103–359, set out as
a note unde
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1827
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