18 U.S.C. § 794 — Gathering or delivering defense informa-

Page 186 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 794 Statutory Notes and Related Subsidiaries 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. § 794. Gathering or delivering defense informa- tion to aid foreign government (a) Whoever, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or at- tempts to communicate, deliver, or transmit, to any foreign government, or to any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, or to any representative, offi- cer, agent, employee, subject, or citizen thereof, either directly or indirectly, any document, writing, code book, signal book, sketch, photo- graph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or in- formation relating to the national defense, shall be punished by death or by imprisonment for any term of years or for life, except that the sentence of death shall not be imposed 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 directly concerned nuclear weaponry, military spacecraft or sat- ellites, early warning systems, or other means of defense or retaliation against large-scale at- tack; war plans; communications intelligence or cryptographic information; or any other major weapons system or major element of defense strategy. (b) Whoever, in time of war, with intent that the same shall be communicated to the enemy, collects, records, publishes, or communicates, or attempts to elicit any information with respect to the movement, numbers, description, condi- tion, or disposition of any of the Armed Forces, ships, aircraft, or war materials of the United States, or with respect to the plans or conduct, or supposed plans or conduct of any naval or military operations, or with respect to any works or measures undertaken for or connected with, or intended for the fortification or defense of any place, or any other information relating to the public defense, which might be useful to the enemy, shall be punished by death or by im- prisonment for any term of years or for life. (c) If two or more persons conspire to violate 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 of- fense which is the object of such conspiracy. (d)(1) Any person convicted of a violation of this section shall forfeit to the United States ir- respective of any provision of State law— (A) any property constituting, or derived from, any proceeds the person obtained, di- rectly or indirectly, as the result of such vio- lation, and (B) any of the person’s property used, or in- tended to be used, in any manner or part, to commit, or to facilitate the commission 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 common- wealth, territory, or possession of the United States. (2) The court, in imposing sentence on a de- fendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in para- graph (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), (c), and (e)–(p)) shall apply to— (A) property subject to forfeiture under this subsection; (B) any seizure or disposition of such prop- erty; 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, there shall be deposited in the Crime Victims Fund in the Treasury all amounts from the for- feiture of property under this subsection re- maining after the payment of expenses for for- feiture and sale authorized by law. (June 25, 1948, ch. 645, 62 Stat. 737; Sept. 3, 1954, ch. 1261, title II, § 201, 68 Stat. 1219; Pub. L. 99–399, title XIII, § 1306(b), Aug. 27, 1986, 100 Stat. 898; Pub. L. 100–690, title VII, § 7064, Nov. 18, 1988, 102 Stat. 4404; Pub. L. 103–322, title VI, § 60003(a)(2), Sept. 13, 1994, 108 Stat. 1968; Pub. L. 103–359, title VIII, § 804(b)(2), Oct. 14, 1994, 108 Stat. 3440; Pub. L. 104–294, title VI, §§ 604(b)(2), 607(b), Oct. 11, 1996, 110 Stat. 3506, 3511.) HISTORICAL AND REVISION NOTES Based on sections 32 and 34 of title 50, U.S.C., 1940 ed., War and National Defense (June 15, 1917, ch. 30, title I, §§ 2, 4, 40 Stat. 218, 219). Section consolidates sections 32 and 34 of title 50, U.S.C., 1940 ed., War and National Defense. The words ‘‘or induces or aids another’’ were omitted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. The conspiracy provision of said section 34 was also incorporated in section 2388 of this title. Minor changes were made in phraseology. Editorial Notes REFERENCES IN TEXT Section 101(a) of the Foreign Intelligence Surveil- lance Act of 1978, referred to in subsec. (a), is classified to section 1801(a) of Title 50, War and National Defense. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–294, § 604(b)(2), amended directory language of Pub. L. 103–322, § 60003(a)(2). See 1994 Amendment note below. Subsec. (d)(1). Pub. L. 104–294, § 607(b), inserted at end ‘‘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 posses- sion of the United States.’’ 1994—Subsec. (a). Pub. L. 103–322, as amended by Pub. L. 104–294, § 604(b)(2), substituted for period at end 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