18 U.S. Code § 793 - Gathering, transmitting or losing defense information
(a)
Whoever, for the purpose of
obtaining information 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 information concerning any
vessel, aircraft, work of defense, navy yard, naval station, submarine
base, fueling station, fort, battery, torpedo station, dockyard, canal,
railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless,
or signal station, building, office, research laboratory 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 within the exclusive jurisdiction of the United States, or
any place in which any vessel, aircraft, arms, munitions, or other
materials or instruments 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 department 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 proclamation 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, writing, or note of anything connected
with the national defense; or
(c)
Whoever, for the purpose
aforesaid, receives or obtains or agrees or attempts to receive or
obtain from any person, or from any source whatever, any document,
writing, code book, signal book, sketch, photograph, photographic
negative, blueprint, plan, map, model, instrument, appliance, or note,
of anything connected 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 contrary to the provisions of
this chapter; or
(d)
Whoever, lawfully having
possession of, access to, control over, or being entrusted with any
document, writing, code book, signal book, sketch, photograph,
photographic negative, blueprint, plan, map, model, instrument,
appliance, or note relating to the national defense, or information
relating to the national defense which information 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 communicates, delivers,
transmits or causes to be communicated, delivered, or transmitted or
attempts to communicate, deliver, transmit or cause to be communicated,
delivered 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 officer 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, photograph, photographic negative, blueprint,
plan, map, model, instrument, appliance, or note relating to the
national defense, or information relating to the national defense which
information 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 communicates, delivers, transmits or causes to be
communicated, delivered, or transmitted, or attempts to communicate,
deliver, transmit or cause to be communicated, delivered, or transmitted
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, photograph, photographic negative, blueprint,
plan, map, model, instrument, appliance, note, or information, relating
to the national defense, (1) through gross negligence permits the same
to be removed from its proper place of custody or delivered to anyone in
violation of his trust, or to be lost, stolen, abstracted, or
destroyed, or (2) having knowledge that the same has been illegally
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 officer—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 effect 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 proceeds 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 violation. 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 possession of the United States.
(2)
The court, in imposing
sentence on a defendant for a conviction of a violation of this section,
shall order that the defendant forfeit to the United States all
property described in paragraph (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—
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 forfeiture of property under this subsection remaining
after the payment of expenses for forfeiture 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.)
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