18 U.S.C. § 793 — Gathering, transmitting or losing defense

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 Repealed.] 792.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 Repealed.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 Page 185 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 793 believe could be used to the injury of the United States or to the advantage of any foreign na- tion, willfully communicates, delivers, trans- mits or causes to be communicated, delivered, or transmitted or attempts to communicate, de- liver, transmit or cause to be communicated, de- livered 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 of- ficer 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, photo- graph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note re- lating to the national defense, or information relating to the national defense which informa- tion 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 com- municates, delivers, transmits or causes to be communicated, delivered, or transmitted, or at- tempts to communicate, deliver, transmit or cause to be communicated, delivered, or trans- mitted 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, photo- graph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or in- formation, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or de- livered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been ille- gally 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 offi- cer— 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 ef- fect 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 pro- ceeds 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 viola- tion. For the purposes of this subsection, the term ‘‘State’’ includes a State of the United States, the District of Columbia, and any com- monwealth, 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 Comprehen- sive 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. 736; Sept. 23, 1950, ch. 1024, title I, § 18, 64 Stat. 1003; Pub. L. 99–399, title XIII, § 1306(a), Aug. 27, 1986, 100 Stat. 898; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 103–359, title VIII, § 804(b)(1), Oct. 14, 1994, 108 Stat. 3440; Pub. L. 104–294, title VI, § 607(b), Oct. 11, 1996, 110 Stat. 3511.) HISTORICAL AND REVISION NOTES Based on sections 31 and 36 of title 50, U.S.C., 1940 ed., War and National Defense (June 15, 1917, ch. 30, title I, §§ 1, 6, 40 Stat. 217, 219; Mar. 28, 1940, ch. 72, § 1, 54 Stat. 79). Section consolidated sections 31 and 36 of title 50, U.S.C., 1940 ed., War and National Defense. Words ‘‘departments or agencies’’ were inserted twice in conformity with definitive section 6 of this title to eliminate any possible ambiguity as to scope of sec- tion. The words ‘‘or induces or aids another’’ were omitted wherever occurring as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. Mandatory punishment provision was rephrased in the alternative. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1996—Subsec. (h)(1). Pub. L. 104–294 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—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ in undesignated par. after subsec. (f). Subsec. (h)(3). Pub. L. 103–359 substituted ‘‘(p)’’ for ‘‘(o)’’ in two places. 1986—Subsec. (h). Pub. L. 99–399 added subsec. (h). 1950—Act Sept. 23, 1950, divided section into subdivi- sions, inserted laboratories and stations, and places where material or instruments for use in time of war are the subject of research or development to the list of facilities and places to which subsection (a) applies, made subsection (d) applicable only in cases in which possession, access, or control is lawful, added sub- section (e) to take care of cases in which possession, ac- cess, or control, is unlawful, made subsection (f) appli- cable to instruments and appliances, as well as to docu- ments, records, etc., and provided by subsection (g) a separate penalty for conspiracy to violate any provi- sions of this section. 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