§ 793. — Gathering, transmitting or losing defense information.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC793]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 37--ESPIONAGE AND CENSORSHIP
Sec. 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--
(A) property subject to forfeiture under this subsection;
(B) any seizure or disposition of such property; 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
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, Sec. 18, 64 Stat. 1003; Pub. L. 99-399, title XIII, Sec. 1306(a),
Aug. 27, 1986, 100 Stat. 898; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 103-359,
title VIII, Sec. 804(b)(1), Oct. 14, 1994, 108 Stat. 3440; Pub. L. 104-
294, title VI, Sec. 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, Secs. 1, 6, 40 Stat.
217, 219; Mar. 28, 1940, ch. 72, Sec. 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 section.
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.
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 possession 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 subdivisions,
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 subsection (e) to take
care of cases in which possession, access, or control, is unlawful, made
subsection (f) applicable to instruments and appliances, as well as to
documents, records, etc., and provided by subsection (g) a separate
penalty for conspiracy to violate any provisions of this section.
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.
Section Referred to in Other Sections
This section is referred to in sections 792, 951, 1717, 1956, 3077,
3239 of this title; title 5 section 8312; title 8 section 1101; title 19
section 1583; title 22 section 2778; title 38 section 6105; title 42
section 2000aa; title 50 App. sections 19, 34, 2410.
