§ 795. — Photographing and sketching defense installations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC795]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 37--ESPIONAGE AND CENSORSHIP
Sec. 795. Photographing and sketching defense installations
(a) Whenever, in the interests of national defense, the President
defines certain vital military and naval installations or equipment as
requiring protection against the general dissemination of information
relative thereto, it shall be unlawful to make any photograph, sketch,
picture, drawing, map, or graphical representation of such vital
military and naval installations or equipment without first obtaining
permission of the commanding officer of the military 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 officer 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,
Sec. 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, Secs. 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.
Amendments
1994--Subsec. (b). Pub. L. 103-322 substituted ``fined under this
title'' for ``fined not more than $1,000''.
Ex. Ord. No. 10104. Definitions of Vital Military and Naval
Installations and Equipment
Ex. Ord. No. 10104, Feb. 1, 1950, 15 F.R. 597, provided:
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 following as vital military and naval
installations or equipment requiring protection against the general
dissemination 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'', ``confidential'', or
``restricted'', and all military, naval, or air-force installations and
equipment which may hereafter be so classified, designated, or marked
with the approval 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 Commerce 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 development or
manufacture of classified military or naval arms, munitions, equipment,
designs, ships, aircraft, 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, engines, manufacturing machinery,
tools, devices, or any other equipment whatsoever, in the possession of
the Army, Navy, or Air Force or in the course of experimentation,
development, manufacture, or delivery for the Army, Navy, or Air Force
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'', ``confidential'', or
``restricted'', and all such articles, 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, designs, models, drawings,
photographs, contracts, or specifications which are now 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'',
``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.''
Section Referred to in Other Sections
This section is referred to in sections 796, 797, 951 of this title;
title 19 section 1583; title 50 App. section 34.
