18 U.S.C. § 792 — Harboring or concealing persons

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 Repealed.] 792.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 Repealed.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, 1948, ch. 645, 62 Stat. 736; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 35 of title 50, U.S.C., 1940 ed., War and National Defense (June 15, 1917, ch. 30, title I, § 5, 40 Stat. 219; Mar. 28, 1940, ch. 72, § 2, 54 Stat. 79). Similar harboring and concealing language was added to section 2388 of this title. Mandatory punishment provision was rephrased in the alternative. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. Statutory Notes and Related Subsidiaries INDICTMENT FOR VIOLATING THIS SECTION AND SECTIONS 793, 794; LIMITATION PERIOD Act Sept. 23, 1950, ch. 1024, § 19, 64 Stat. 1005, provided that an indictment for any violation of this section and sections 793 and 794 of this title, other than a violation constituting a capital offense, may be found at any time within ten years next after such violation shall have been committed, but that such section 19 shall not authorize prosecution, trial, or punishment for any of- fense ‘‘now’’ barred by the provisions of existing law. § 793. Gathering, transmitting or losing defense information (a) Whoever, for the purpose of obtaining in- formation 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 in- formation concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling station, fort, battery, torpedo sta- tion, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, research labora- tory 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 with- in the exclusive jurisdiction of the United States, or any place in which any vessel, air- craft, arms, munitions, or other materials or in- struments 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 de- partment 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 procla- mation 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, writ- ing, or note of anything connected with the na- tional defense; or (c) Whoever, for the purpose aforesaid, re- ceives or obtains or agrees or attempts to re- ceive or obtain from any person, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photo- graphic negative, blueprint, plan, map, model, instrument, appliance, or note, of anything con- nected 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 con- trary to the provisions of this chapter; or (d) Whoever, lawfully having possession of, ac- cess to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appli- ance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to