US (United States) Code. Title 18. Chapter 37: Espionage and censorship

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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-CITE-

18 USC CHAPTER 37 - ESPIONAGE AND CENSORSHIP 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 37 - ESPIONAGE AND CENSORSHIP

.

-HEAD-

CHAPTER 37 - ESPIONAGE AND CENSORSHIP

-MISC1-

Sec.

(791. Repealed.)

792. Harboring or concealing persons.

793. Gathering, transmitting or losing defense information.

794. Gathering or delivering defense information to aid foreign

government.

795. Photographing and sketching defense installations.

796. Use of aircraft for photographing defense installations.

797. Publication and sale of photographs of defense installations.

798. Disclosure of classified information.

798A. Temporary extension of section 794.

799. Violation of regulations of National Aeronautics and Space

Administration.

AMENDMENTS

1990 - Pub. L. 101-647, title XXXV, Sec. 3519(b), Nov. 29, 1990,

104 Stat. 4923, redesignated item 798, ''Temporary extension of

section 794'', as 798A.

1961 - Pub. L. 87-369, Sec. 2, Oct. 4, 1961, 75 Stat. 795, struck

out item 791 ''Scope of chapter''.

1958 - Pub. L. 85-568, title III, Sec. 304(c)(2), July 29, 1958,

72 Stat. 434, added item 799.

1953 - Act June 30, 1953, ch. 175, Sec. 3, 67 Stat. 133, added

second item 798.

1951 - Act Oct. 31, 1951, ch. 655, Sec. 23, 65 Stat. 719, added

item 798.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2516 of this title; title

5 section 8312; title 8 section 1227; title 12 section 95a; title

42 section 402; title 50 section 1702; title 50 App. section 5.

-CITE-

18 USC Sec. 791 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 37 - ESPIONAGE AND CENSORSHIP

-HEAD-

(Sec. 791. Repealed. Pub. L. 87-369, Sec. 1, Oct. 4, 1961, 75 Stat.

795)

-MISC1-

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.

-CITE-

18 USC Sec. 792 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 37 - ESPIONAGE AND CENSORSHIP

-HEAD-

Sec. 792. Harboring or concealing persons

-STATUTE-

Whoever harbors or conceals any person who he knows, or has

reasonable grounds to believe or suspect, has committed, or is

about to commit, an offense under sections 793 or 794 of this

title, shall be fined under this title or imprisoned not more than

ten years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 736; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

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, Sec. 5, 40 Stat.

219; Mar. 28, 1940, ch. 72, Sec. 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.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000''.

INDICTMENT FOR VIOLATING THIS SECTION AND SECTIONS 793, 794;

LIMITATION PERIOD

Act Sept. 23, 1950, ch. 1024, Sec. 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 offense ''now'' barred by the provisions of existing law.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 951 of this title; title 5

section 8312; title 38 section 6105; title 42 section 2000aa; title

50 App. sections 19, 34.

-CITE-

18 USC Sec. 793 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 37 - ESPIONAGE AND CENSORSHIP

-HEAD-

Sec. 793. Gathering, transmitting or losing defense information

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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, Sec. 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.

-SECREF-

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.

-CITE-

18 USC Sec. 794 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 37 - ESPIONAGE AND CENSORSHIP

-HEAD-

Sec. 794. Gathering or delivering defense information to aid

foreign government

-STATUTE-

(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 attempts

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, officer, agent, employee, subject, or

citizen thereof, either directly or indirectly, any document,

writing, code book, signal book, sketch, photograph, photographic

negative, blueprint, plan, map, model, note, instrument, appliance,

or information 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 identification 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

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.

(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, condition, 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 imprisonment

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 offense which is the object of

such conspiracy.

(d)(1) Any person convicted of a violation of this section shall

forfeit to the United States irrespective of any provision of State

law -

(A) any property constituting, or derived from, any proceeds

the person obtained, directly or indirectly, as the result of

such violation, and

(B) any of the person's property used, or intended 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

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 737; Sept. 3, 1954, ch. 1261,

title II, Sec. 201, 68 Stat. 1219; Pub. L. 99-399, title XIII, Sec.

1306(b), Aug. 27, 1986, 100 Stat. 898; Pub. L. 100-690, title VII,

Sec. 7064, Nov. 18, 1988, 102 Stat. 4404; Pub. L. 103-322, title

VI, Sec. 60003(a)(2), Sept. 13, 1994, 108 Stat. 1968; Pub. L.

103-359, title VIII, Sec. 804(b)(2), Oct. 14, 1994, 108 Stat. 3440;

Pub. L. 104-294, title VI, Sec. 604(b)(2), 607(b), Oct. 11, 1996,

110 Stat. 3506, 3511.)

-MISC1-

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, Sec. 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.

-REFTEXT-

REFERENCES IN TEXT

Section 101(a) of the Foreign Intelligence Surveillance Act of

1978, referred to in subsec. (a), is classified to section 1801(a)

of Title 50, War and National Defense.

-MISC2-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-294, Sec. 604(b)(2), amended

directory language of Pub. L. 103-322, Sec. 60003(a)(2). See 1994

Amendment note below.

Subsec. (d)(1). Pub. L. 104-294, Sec. 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 possession of the United States.''

1994 - Subsec. (a). Pub. L. 103-322, as amended by Pub. L.

104-294, Sec. 604(b)(2), substituted for period at end '', 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 identification 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 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.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 604(b)(2) of Pub. L. 104-294 effective 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.

Section 7 of act June 30, 1953, ch. 175, 67 Stat. 133, repealed

Joint Res. July 3, 1952, ch. 570, Sec. 1(a)(29), 66 Stat. 333;

Joint Res. Mar. 31, 1953, ch. 13, Sec. 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 Appendix to Title 50, War and National Defense.

Section 6 of Joint Res. July 3, 1952, repealed 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 792, 798A, 951, 1717,

1956, 3077, 3239, 3591, 3592, 3681 of this title; title 5 section

8312; title 19 section 1583; title 22 section 2778; title 38

section 6105; title 42 section 2000aa; title 50 App. sections 19,

34, 2410.

-CITE-

18 USC Sec. 795 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 37 - ESPIONAGE AND CENSORSHIP

-HEAD-

Sec. 795. Photographing and sketching defense installations

-STATUTE-

(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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 737; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

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, Sec. 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''.

-EXEC-

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.''

-SECREF-

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.

-CITE-

18 USC Sec. 796 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 37 - ESPIONAGE AND CENSORSHIP

-HEAD-

Sec. 796. Use of aircraft for photographing defense installations

-STATUTE-

Whoever uses or permits the use of an aircraft or any contrivance

used, or designed for navigation or flight in the air, for the

purpose of making a photograph, sketch, picture, drawing, map, or

graphical representation of vital military or naval installations

or equipment, in violation of section 795 of this title, shall be

fined under this title or imprisoned not more than one year, or

both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 738; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 45, 45a, and 45c of title 50, U.S.C., 1940 ed.,

War and National Defense (Jan. 12, 1938, ch. 2, Sec. 1, 2, 4, 52

Stat. 3, 4).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Punishment provided by section 795 of this title is repeated, and

is from said section 45 of title 50, U.S.C., 1940 ed.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 951 of this title; title

19 section 1583; title 42 section 2000aa; title 50 App. section 34.

-CITE-

18 USC Sec. 797 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 37 - ESPIONAGE AND CENSORSHIP

-HEAD-

Sec. 797. Publication and sale of photographs of defense

installations

-STATUTE-

On and after thirty days from the date upon which the President

defines any vital military or naval installation or equipment as

being within the category contemplated under section 795 of this

title, whoever reproduces, publishes, sells, or gives away any

photograph, sketch, picture, drawing, map, or graphical

representation of the vital military or naval installations or

equipment so defined, without first obtaining permission of the

commanding officer of the military or naval post, camp, or station

concerned, or higher authority, unless such photograph, sketch,

picture, drawing, map, or graphical representation has clearly

indicated thereon that it has been censored by the proper military

or naval authority, shall be fined under this title or imprisoned

not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 738; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 45 and 45b, of title 50, U.S.C., 1940 ed., War

and National Defense (Jan. 12, 1938, ch. 2, Sec. 1, 3, 52 Stat. 3).

Punishment provision of section 45 of title 50, U.S.C., 1940 ed.,

War and National Defense, is repeated. Words ''upon conviction''

were deleted as surplusage since punishment cannot be imposed until

a conviction is secured.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 951 of this title; title

19 section 1583; title 50 App. section 34.

-CITE-

18 USC Sec. 798 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 37 - ESPIONAGE AND CENSORSHIP

-HEAD-

Sec. 798. Disclosure of classified information

-STATUTE-

(a) Whoever knowingly and willfully communicates, furnishes,

transmits, or otherwise makes available to an unauthorized person,

or publishes, or uses in any manner prejudicial to the safety or

interest of the United States or for the benefit of any foreign

government to the detriment of the United States any classified

information -

(1) concerning the nature, preparation, or use of any code,

cipher, or cryptographic system of the United States or any

foreign government; or

(2) concerning the design, construction, use, maintenance, or

repair of any device, apparatus, or appliance used or prepared or

planned for use by the United States or any foreign government

for cryptographic or communication intelligence purposes; or

(3) concerning the communication intelligence activities of the

United States or any foreign government; or

(4) obtained by the processes of communication intelligence

from the communications of any foreign government, knowing the

same to have been obtained by such processes -

Shall be fined under this title or imprisoned not more than ten

years, or both.

(b) As used in subsection (a) of this section -

The term ''classified information'' means information which, at

the time of a violation of this section, is, for reasons of

national security, specifically designated by a United States

Government Agency for limited or restricted dissemination or

distribution;

The terms ''code,'' ''cipher,'' and ''cryptographic system''

include in their meanings, in addition to their usual meanings, any

method of secret writing and any mechanical or electrical device or

method used for the purpose of disguising or concealing the

contents, significance, or meanings of communications;

The term ''foreign government'' includes in its meaning any

person or persons acting or purporting to act for or on behalf of

any faction, party, department, agency, bureau, or military force

of or within a foreign country, or for or on behalf of any

government or any person or persons purporting to act as a

government within a foreign country, whether or not such government

is recognized by the United States;

The term ''communication intelligence'' means all procedures and

methods used in the interception of communications and the

obtaining of information from such communications by other than the

intended recipients;

The term ''unauthorized person'' means any person who, or agency

which, is not authorized to receive information of the categories

set forth in subsection (a) of this section, by the President, or

by the head of a department or agency of the United States

Government which is expressly designated by the President to engage

in communication intelligence activities for the United States.

(c) Nothing in this section shall prohibit the furnishing, upon

lawful demand, of information to any regularly constituted

committee of the Senate or House of Representatives of the United

States of America, or joint committee thereof.

(d)(1) Any person convicted of a violation of this section shall

forfeit to the United States irrespective of any provision of State

law -

(A) any property constituting, or derived from, any proceeds

the person obtained, directly or indirectly, as the result of

such violation; and

(B) any of the person's property used, or intended to be used,

in any manner or part, to commit, or to facilitate the commission

of, such violation.

(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).

(3) Except as provided in paragraph (4), 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 established under section 1402

of the Victims of Crime Act of 1984 (42 U.S.C. 10601) all amounts

from the forfeiture of property under this subsection remaining

after the payment of expenses for forfeiture and sale authorized by

law.

(5) As used in this subsection, the term ''State'' means any

State of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, and any territory or possession of the

United States.

-SOURCE-

(Added Oct. 31, 1951, ch. 655, Sec. 24(a), 65 Stat. 719; amended

Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994,

108 Stat. 2147; Pub. L. 103-359, title VIII, Sec. 804(a), Oct. 14,

1994, 108 Stat. 3439; Pub. L. 104-294, title VI, Sec. 602(c), Oct.

11, 1996, 110 Stat. 3503.)

-COD-

CODIFICATION

Another section 798 was renumbered section 798A of this title.

-MISC3-

AMENDMENTS

1996 - Subsec. (d)(5). Pub. L. 104-294 struck out ''the Trust

Territory of the Pacific Islands,'' after ''Puerto Rico,''.

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $10,000'' in concluding

provisions.

Subsec. (d). Pub. L. 103-359 added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 951, 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. section 2410.

-CITE-

18 USC Sec. 798A 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 37 - ESPIONAGE AND CENSORSHIP

-HEAD-

Sec. 798A. Temporary extension of section 794

-STATUTE-

The provisions of section 794 of this title, as amended and

extended by section 1(a)(29) of the Emergency Powers Continuation

Act (66 Stat. 333), as further amended by Public Law 12,

Eighty-third Congress, in addition to coming into full force and

effect in time of war shall remain in full force and effect until

six months after the termination of the national emergency

proclaimed by the President on December 16, 1950 (Proc. 2912, 3

C.F.R., 1950 Supp., p. 71), or such earlier date as may be

prescribed by concurrent resolution of the Congress, and acts which

would give rise to legal consequences and penalties under section

794 when performed during a state of war shall give rise to the

same legal consequences and penalties when they are performed

during the period above provided for.

-SOURCE-

(Added June 30, 1953, ch. 175, Sec. 4, 67 Stat. 133, Sec. 798;

renumbered Sec. 798A, Pub. L. 101-647, title XXXV, Sec. 3519(a),

Nov. 29, 1990, 104 Stat. 4923.)

-REFTEXT-

REFERENCES IN TEXT

Section 1(a)(29) of the Emergency Powers Continuation Act (66

Stat. 333) as further amended by Public Law 12, Eighty-third

Congress, referred to in text, was formerly set out as a note under

section 791 of this title and was repealed by section 7 of act June

30, 1953.

Proc. 2912, 3 C.F.R., 1950 Supp., p. 71, referred to in text, is

an erroneous citation. It should refer to Proc. 2914 which is set

out as a note preceding section 1 of Title 50, Appendix, War and

National Defense.

-MISC2-

AMENDMENTS

1990 - Pub. L. 101-647 renumbered the second section 798 of this

title as this section.

TERMINATION OF NATIONAL EMERGENCY

Declaration of national emergency in effect on Sept. 14, 1976,

was terminated two years from that date by section 1601 of Title

50, War and National Defense.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 951 of this title.

-CITE-

18 USC Sec. 799 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 37 - ESPIONAGE AND CENSORSHIP

-HEAD-

Sec. 799. Violation of regulations of National Aeronautics and

Space Administration

-STATUTE-

Whoever willfully shall violate, attempt to violate, or conspire

to violate any regulation or order promulgated by the Administrator

of the National Aeronautics and Space Administration for the

protection or security of any laboratory, station, base or other

facility, or part thereof, or any aircraft, missile, spacecraft, or

similar vehicle, or part thereof, or other property or equipment in

the custody of the Administration, or any real or personal property

or equipment in the custody of any contractor under any contract

with the Administration or any subcontractor of any such

contractor, shall be fined under this title, or imprisoned not more

than one year, or both.

-SOURCE-

(Added Pub. L. 85-568, title III, Sec. 304(c)(1), July 29, 1958, 72

Stat. 434; amended Pub. L. 103-322, title XXXIII, Sec.

330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-COD-

CODIFICATION

Section was added by subsec. (c)(1) of section 304 of Pub. L.

85-568. Subsecs. (a) and (b) of section 304 are classified to

section 2455 of Title 42, The Public Health and Welfare. Subsec.

(d) of section 304 is classified to section 1114 of this title.

Subsec. (e) of section 304 is classified to section 2456 of Title

42.

-MISC3-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 951 of this title.

-CITE-