Disclosure of Classified Information (18 U.S.C. § 798)

Federal Espionage Charges, Penalties, and Defense Strategies

Being accused of disclosing classified information under 18 U.S.C. § 798 is an extremely serious federal offense.

Disclosure of Classified Information (18 U.S.C. § 798)

This statute, part of the Espionage Act, criminalizes the unauthorized sharing, transmission, or publication of sensitive national security information.

A conviction can lead to significant fines, up to 10 years in federal prison, and forfeiture of assets. These cases are aggressively prosecuted and often involve complex investigations by federal agencies.

If you are under investigation or facing charges, understanding how this law works—and how to defend against it—is critical.

Your optimal avenue for achieving a favorable outcome is to engage an experienced California federal criminal defense attorney at Eisner Gorin LLP. To schedule a consultation, kindly call (818) 781-1570 or contact us through our designated channels.

What Is 18 U.S.C. § 798?

18 U.S.C. § 798 is a federal law that prohibits the unauthorized disclosure of classified information related to communications intelligence and cryptographic systems.

The law applies to anyone who knowingly and willfully:

Communicates or transmits classified information to unauthorized persons
Publishes or distributes classified material in any form
Uses classified information in a way that harms U.S. interests or benefits a foreign government

The statute focuses specifically on highly sensitive intelligence, including:

Codes, ciphers, and cryptographic systems
Communication intelligence activities
Intelligence gathered from foreign communications
Devices or systems used for secure communications

What Counts as “Classified Information”?

Under federal law, classified information is any material designated by a U.S. government agency as restricted for national security reasons at the time of the alleged disclosure.

This includes information that is:

Marked confidential, secret, or top secret
Restricted to authorized personnel
Protected due to national defense or intelligence concerns

Even indirect exposure—such as leaving documents accessible to unauthorized individuals—can raise legal issues depending on intent and circumstances.

Key Elements Prosecutors Must Prove

To secure a conviction under 18 U.S.C. § 798, federal prosecutors must prove each of the following beyond a reasonable doubt:

Classified Status

The information must have been officially classified at the time of the alleged disclosure.

Unauthorized Disclosure

The defendant must have shared or made the information accessible to someone without proper authorization.

Knowledge and Intent

The defendant must have known the information was classified and intentionally disclosed it.

Accidental or negligent conduct alone is typically insufficient unless it rises to the level of reckless disregard.

Examples of Disclosure of Classified Information

Example 1
A government employee with security clearance intentionally provides classified cryptographic data to a foreign agent in exchange for payment. This would likely result in prosecution under 18 U.S.C. § 798.

Example 2
An employee mistakenly leaves classified documents in a public place but quickly retrieves them. While this may lead to administrative or other legal consequences, it may not meet the intent requirement for a conviction under this statute.

Related Federal Espionage Laws

18 U.S.C. § 798 is part of a broader set of federal laws addressing national security and espionage. Related statutes include:

18 U.S.C. § 793 – Gathering or transmitting national defense information
18 U.S.C. § 794 – Delivering defense information to aid a foreign government
18 U.S.C. § 795–797 – Photographing or publishing defense installations
18 U.S.C. § 792 – Harboring or concealing individuals engaged in espionage

These laws are often charged together in complex federal cases.

Penalties for Disclosure of Classified Information

Penalties under 18 U.S.C. § 798 are severe and may include:

Up to 10 years in federal prison
Fines of up to $250,000
Forfeiture of any proceeds gained from the disclosure
Seizure of property used in committing the offense

The exact sentence depends on factors such as the nature of the information, intent, and any harm to national security.

Common Legal Defenses

A strong defense strategy depends on the specific facts of the case. Common defenses include:

Lack of Intent

If the disclosure was accidental or not willful, the prosecution may not be able to prove a key element of the crime.

Information Was Not Classified

If the material was not properly classified—or had been declassified—the charge may not apply.

Authorization or Mistaken Belief

A defendant may argue they believed they had permission or were acting under official direction.

Whistleblower Considerations

In limited situations, disclosures may be protected under whistleblower laws, though this defense is complex and fact-specific.

Why Federal Defense Representation Is Critical

Cases involving classified information are highly complex and often involve:

National security investigations
Classified evidence and restricted proceedings
Multiple federal agencies
Severe sentencing exposure

An experienced federal criminal defense attorney can:

Challenge the classification status of the information
Dispute intent and knowledge
Suppress improperly obtained evidence
Negotiate reduced charges or defend at trial

Early legal intervention can significantly impact the outcome.

Frequently Asked Questions (FAQs)

What is considered “unauthorized disclosure”?

Any sharing of classified information with someone who does not have proper clearance or authorization, including indirect exposure.

Can you be charged for accidental disclosure?

Generally, accidental disclosure alone is not enough unless it involves reckless disregard or negligence at a high level.

What types of information are protected under this law?

Primarily communication intelligence, cryptographic systems, and related national security data.

Is this the same as espionage?

It is part of federal espionage laws, but it specifically focuses on classified communications intelligence.

Can journalists be charged under 18 U.S.C. § 798?

In rare cases, issues involving publication of classified information may arise, but such cases involve complex constitutional considerations.

What is the difference between 18 U.S.C. § 793 and § 798?

Section 793 broadly covers national defense information, while § 798 focuses specifically on classified communications intelligence.

Can charges be reduced or dismissed?

Yes. Depending on the evidence, defenses may result in reduced charges, dismissal, or acquittal.

Get Legal Help for Federal Espionage Charges

If you are facing allegations under 18 U.S.C. § 798, you are dealing with a high-stakes federal case involving national security.

Taking immediate action and working with an experienced federal criminal defense attorney can help protect your rights and build a strong defense strategy.

Contact a qualified attorney today to discuss your case and legal options. Eisner Gorin LLP is here to assist. Schedule your consultation now. Our law firm is located in Los Angeles.

Classified Information