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

Page 187 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 795 ‘‘, except that the sentence of death shall not be im- posed unless the jury or, if there is no jury, the court, further finds that the offense resulted in the identifica- tion by a foreign power (as defined in section 101(a) of the Foreign Intelligence Surveillance Act of 1978) of an individual acting as an agent of the United States and consequently in the death of that individual, or di- rectly concerned nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large-scale attack; war plans; communications intelligence or cryptographic information; or any other major weapons system or major element of defense strategy.’’ Subsec. (d)(3). Pub. L. 103–359 substituted ‘‘(p)’’ for ‘‘(o)’’ in two places. 1988—Subsec. (d)(4). Pub. L. 100–690 substituted ‘‘amounts’’ for ‘‘amount’’. 1986—Subsec. (d). Pub. L. 99–399 added subsec. (d). 1954—Act Sept. 3, 1954, increased the penalty for peacetime espionage and corrected a deficiency on the sentencing authority by increasing penalty to death or imprisonment for any term of years. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 604(b)(2) of Pub. L. 104–294 ef- fective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title. TEMPORARY EXTENSION OF SECTION Temporary extension of section, see section 798 of this title. Act June 30, 1953, ch. 175, § 7, 67 Stat. 133, repealed Joint Res. July 3, 1952, ch. 570, § 1(a)(29), 66 Stat. 333; Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, which had provided that this section should continue in force until six months after the termination of the National emergency proclaimed by 1950 Proc. No. 2914 which is set out as a note preceding section 1 of Title 50, War and National Defense. Joint Res. July 3, 1952, ch. 570, § 6, 66 Stat. 334, re- pealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54, as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96. Intermediate extensions by Joint Res. June 14, 1952, ch. 437, 66 Stat. 137, and Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until July 3, 1952, expired by their own terms. INDICTMENT FOR VIOLATING THIS SECTION; LIMITATION PERIOD Limitation period in connection with indictments for violating this section, see note set out under section 792 of this title. § 795. Photographing and sketching defense in- stallations (a) Whenever, in the interests of national de- fense, the President defines certain vital mili- tary and naval installations or equipment as re- quiring protection against the general dissemi- nation of information relative thereto, it shall be unlawful to make any photograph, sketch, picture, drawing, map, or graphical representa- tion of such vital military and naval installa- tions or equipment without first obtaining per- mission of the commanding officer of the mili- tary 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 offi- cer 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. (June 25, 1948, ch. 645, 62 Stat. 737; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on sections 45 and 45c of title 50, U.S.C., 1940 ed., War and National Defense (Jan. 12, 1938, ch. 2, §§ 1, 4, 52 Stat. 3, 4). Section consolidated sections 45 and 45c of title 50, U.S.C., 1940 ed., War and National Defense. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. Executive Documents EX. ORD. NO. 10104. DEFINING CERTAIN VITAL MILITARY AND NAVAL INSTALLATIONS AND EQUIPMENT AS REQUIR- ING PROTECTION AGAINST THE GENERAL DISSEMINATION OF INFORMATION RELATIVE THERETO Ex. Ord. No. 10104, Feb. 1, 1950, 15 F.R. 597, provided: WHEREAS section 795 of title 18 of the United States Code provides: [Omitted.] AND WHEREAS section 797 of title 18 of the United States Code provides: [Omitted.] NOW, THEREFORE, by virtue of the authority vested in me by the foregoing statutory provisions, and in the interests of national defense, I hereby define the fol- lowing as vital military and naval installations or equipment requiring protection against the general dis- semination of information relative thereto: 1. All military, naval, or air-force installations and equipment which are now classified, designated, or marked under the authority 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 secret’’, ‘‘secret’’, ‘‘confiden- tial’’, or ‘‘restricted’’, and all military, naval, or air- force installations and equipment which may hereafter be so classified, designated, or marked with the ap- proval or at the direction of the President, and located within: (a) Any military, naval, or air-force reservation, post, arsenal, proving ground, range, mine field, camp, base, airfield, fort, yard, station, district, or area. (b) Any defensive sea area heretofore established by Executive order and not subsequently discontinued by Executive order, and any defensive sea area hereafter established under authority of section 2152 of title 18 of the United States Code. (c) Any airspace reservation heretofore or hereafter established under authority of section 4 of the Air Com- merce Act of 1926 (44 Stat. 570; 49 U.S.C. 174) except the airspace reservation established by Executive Order No. 10092 of December 17, 1949. (d) Any naval harbor closed to foreign vessels. (e) Any area required for fleet purposes. (f) Any commercial establishment engaged in the de- velopment or manufacture of classified military or naval arms, munitions, equipment, designs, ships, air- craft, or vessels for the United States Army, Navy, or Air Force. 2. All military, naval, or air-force aircraft, weapons, ammunition, vehicles, ships, vessels, instruments, en- gines, manufacturing machinery, tools, devices, or any other equipment whatsoever, in the possession of the Army, Navy, or Air Force or in the course of experi- mentation, development, manufacture, or delivery for the Army, Navy, or Air Force which are now classified, designated, or marked under the authority or at the di- rection of the President, the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, or 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, ch. 2, §§ 1, 2, 4, 52 Stat. 3, 4). Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. Punishment provided by section 795 of this title is re- peated, and is from said section 45 of title 50, U.S.C., 1940 ed. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 797. Publication and sale of photographs of de- fense 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, whoever reproduces, publishes, sells, or gives away any photograph, sketch, pic- ture, 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 con- cerned, or higher authority, unless such photo- graph, sketch, picture, drawing, map, or graph- ical 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. (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 and 45b, of title 50, U.S.C., 1940 ed., War and National Defense (Jan. 12, 1938, ch. 2, §§ 1, 3, 52 Stat. 3). Punishment provision of section 45 of title 50, U.S.C., 1940 ed., War and National Defense, is repeated. Words ‘‘upon conviction’’ were deleted as surplusage since punishment cannot be imposed until a conviction is se- cured. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 798. Disclosure of classified information (a) Whoever knowingly and willfully commu- nicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified in- formation— (1) concerning the nature, preparation, or use of any code, cipher, or cryptographic sys- tem of the United States or any foreign gov- ernment; or (2) concerning the design, construction, use, maintenance, or repair of any device, appa- ratus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or com- munication intelligence purposes; or (3) concerning the communication intel- ligence activities of the United States or any foreign government; or (4) obtained by the processes of communica- tion intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes— Shall be fined under this title or imprisoned not more than ten years, or both. (b) As used in subsection (a) of this section— The term ‘‘classified information’’ means in- formation which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Gov- ernment Agency for limited or restricted dis- semination or distribution; The terms ‘‘code,’’ ‘‘cipher,’’ and ‘‘cryp- tographic system’’ include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of dis- guising or concealing the contents, significance, or meanings of communications; The term ‘‘foreign government’’ includes in its meaning any person or persons acting or pur- porting to act for or on behalf of any faction, party, department, agency, bureau, or military force of or within a foreign country, or for or on behalf of any government or any person or per- sons purporting to act as a government within a foreign country, whether or not such govern- ment is recognized by the United States;