Espionage Crimes - 18 U.S. Codes 792-798
Espionage, one of the most severe federal crimes in the United States, carries heavy penalties due to its implications for national security. These offenses compromise classified information and government operations, posing significant risks to national security, military defense, intelligence strategies, and international relations.
Under Chapter 37 of Title 18 of the U.S. Code, specific federal statutes (Sections 792-798) outline criminal acts related to espionage and the penalties associated with them.
Individuals facing charges under these laws face not only the severe consequences of federal prosecution but also the weight of accusations that suggest betrayal of national trust.
Espionage is the crime of spying on or secretly observing a person, company, government, or other entity to gather secret information or detect wrongdoing and then transferring such information to another organization or state.
Industrial espionage is a separate crime in many jurisdictions. It involves the unauthorized disclosure of one company's confidential information to benefit another company. For example, one company sends undercover workers to another company to steal trade secrets and use those secrets for their advancement.
The United States Code also provides that a person attempting to communicate with any foreign government about the United States' national defense will be punished by death or by imprisonment under 18 U.S.C. 794.
18 U.S.C. 792 - Harboring or Concealing Individuals
Section 792 makes it a crime to knowingly harbor or conceal any person who has committed, or is about to commit, an espionage-related offense under Sections 793 or 794.
The law targets those who actively protect individuals engaged in or preparing to engage in espionage activities. Potential penalties for violating this section include fines, imprisonment for up to 10 years, or both.
Simply put, 18 U.S.C. 792 prohibits harboring or concealing someone if you know, or suspect they have committed, or are planning to commit, espionage or related offenses against the U.S.
This applies specifically to those who violate sections 793 and 794 of Title 18, which pertain to gathering or disclosing classified information or defense information to foreign governments.
18 U.S.C. 793 - Gathering, Transmitting, or Losing Defense Information
This section criminalizes the unauthorized gathering, sharing, or mishandling of information related to national defense with the intent to harm the United States or aid a foreign nation.
Actions covered under Section 793 include entering restricted defense areas, copying classified documents, unlawfully obtaining sensitive material, or failing to safeguard or return documents in one's possession properly.
This section is comprehensive and applies to various individuals, including those who unintentionally lose important information and fail to report it and those who willfully share classified intelligence.
The law's comprehensive nature ensures that the audience is well-informed and aware of the legal landscape in which they operate.
18 U.S.C. 794 - Delivering Defense Information to Foreign Governments
This section targets individuals who deliver, transmit, or attempt to share national defense information with foreign governments or agents. The intent behind this provision is clear: to prevent any aid or advantage to foreign powers that could harm U.S. interests.
For example, deliberately sharing information about military plans, war strategies, or classified defense mechanisms could result in a conviction under this statute.
The penalty is severe, reflecting the gravity of aiding foreign powers. Potential penalties include life imprisonment or even the death penalty in cases where espionage results in the death of any U.S. agent or affects critical defense systems like nuclear weaponry.
18 U.S.C. 795 - Photographing and Sketching Defense Installations
This section addresses the act of unauthorized reconnaissance, specifically, taking photos, drawing sketches, or creating any graphical representation of installations that the President or an authorized official has classified as a vital defense area.
This law requires individuals to obtain permission before making any representation of such areas. Violations can result in up to one year in prison, fines, or both. This section aims to prevent the circulation of information that adversarial entities could exploit.
18 U.S.C. 795 says, "(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."
18 U.S.C. 796 - Use of Aircraft for Photographing Defense Installations
This section extends the prohibitions in Section 795 to aircraft, making it illegal to use any aircraft or aerial vehicle to photograph or create representations of protected defense areas without authorization. As with Section 795, penalties include imprisonment for up to one year and/or fines.
18 U.S.C. 796 says, "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."
18 U.S.C. 797 - Publishing or Selling Images of Defense Installations
Complementing Section 795, Section 797 prohibits the unauthorized publication, distribution, or sale of photographs, maps, or other depictions of defense installations.
This additional rule ensures that sensitive information is not widely disseminated, particularly when the information has not been properly reviewed or censored by military officials. Violations carry penalties of up to one year in prison, fines, or both.
18 U.S.C. 797 says, "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 the proper military or naval authority has censored it, shall be fined under this title or imprisoned not more than one year, or both."
18 U.S.C. 798 - Disclosure of Classified Information
Perhaps the most far-reaching of these laws, Section 798 makes it a federal crime to knowingly and willfully share classified information for national security reasons with unauthorized entities. This includes information related to cryptographic systems, communication intelligence activities, and classified defense strategies of the United States or foreign governments.
Notably, the law defines "classified information" broadly, covering any material that has been officially designated for restricted dissemination. The penalties include up to 10 years in prison, substantial fines, or both.
Contact a Federal Defense Lawyer
Being accused of violating federal espionage statutes is no laughing matter. Even seemingly minor offenses carry potential prison sentences, with life imprisonment or death assigned to the most severe violations. Federal prosecutors are relentless in these cases, making it critical to hire an experienced federal criminal defense attorney.
A skilled attorney can assess the charges, identify defenses, and navigate the complexities of intent, classified information, and national security concerns to ensure a fair trial. For more information, contact our federal criminal defense law firm, Eisner Gorin LLP, located in Los Angeles, California.
Related Content:
If you have one phone call from jail, call us! If you are facing criminal charges,