U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 37— ESPIONAGE AND CENSORSHIP

18 U.S.C. § 793

Gathering, transmitting or losing defense information

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(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, § 18, 64 Stat. 1003; Pub. L. 99–399, title XIII, § 1306(a), Aug. 27, 1986, 100 Stat. 898; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 103–359, title VIII, § 804(b)(1), Oct. 14, 1994, 108 Stat. 3440; Pub. L. 104–294, title VI, § 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, §§ 1, 6, 40 Stat. 217, 219; Mar. 28, 1940, ch. 72, § 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.

Editorial NotesAmendments

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.

Statutory Notes and Related SubsidiariesIndictment 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.

Notes of Decisions
Cited in 187 cases (11 in the last 5 years), 1949–2026 · leading case: United States v. Jeffrey Sterling, 860 F.3d 233 (4th Cir. 2017).
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United States v. Jeffrey Sterling, 860 F.3d 233 (4th Cir. 2017). · cites it 16× “In December 2010, a grand jury in the Eastern District of Virginia returned a ten- count indictment charging Sterling with causing unauthorized disclosure of national defense information to the public (Counts I and II), in violation of 18 U.S.C. § 793 (d) and (e); unlawful…”
United States v. Aquino, 555 F.3d 124 (3rd Cir. 2009). · cites it 19× “He was indicted, and pled guilty to the unauthorized possession and willful retention of two classified documents relating to the national defense pursuant to 18 U.S.C. § 793 (e). 1 His challenge on appeal relates solely to the sentence he received.”
New York Times Co. v. United States, 403 U.S. 713 (1971). · cites it 14× “Title 18 U. S. C. § 793 (e) provides that "[w]hoever having unauthorized possession of, access to, or control over any document, writing .”
United States v. Rosen, 445 F. Supp. 2d 602 (E.D. Va. 2006). · cites it 17× “In this Espionage Act prosecution, defendants Steven Rosen and Keith Weiss-man have been charged in Count I of a superseding indictment with conspiring to transmit information relating to the national defense 1 to those not entitled to receive it, in violation of 18 U.S.C. § 793…”
United States v. Abu-Jihaad, 630 F.3d 102 (2d Cir. 2010). · cites it 7× “Kravitz, Judge) on April 3, 2009, after a jury found him guilty of having communicated national defense information, specifically, the anticipated movements of a United States Navy battlegroup being deployed to the Persian Gulf, to unauthorized persons in violation of 18 U.S.C.…”
United States v. Rosen, 240 F.R.D. 204 (E.D. Va. 2007). · cites it 10× “In this Espionage Act prosecution, Defendants Steven Rosen and Keith Weissman are charged under 18 U.S.C. § 793 (g) with conspiracy to transmit information relating to national defense 1 to those not authorized to receive it.”
United States v. McGuinness, 35 M.J. 149 (1992). · cites it 11× “1G) by failing to safeguard classified materials in his possession, in violation of Article 92, Uniform Code of Military Justice, 10 USC § 892 , and violating 18 USC § 793 (e) and § 793(f)(1), charged under Clause 3 * of Article 134, UCMJ, 10 USC § 934 .”
United States v. Malki, 609 F.3d 503 (2d Cir. 2010). · cites it 8× “This appeal primarily concerns the rarely litigated issue of the appropriate sentencing guideline, under the United States Sentencing Guidelines (“the Guidelines”) for violations of 18 U.S.C. § 793 (e), which punishes, among other things, unauthorized possession and willful…”
Davinci Aircraft, Inc. v. United States, 926 F.3d 1117 (9th Cir. 2019). · cites it 2× “(“DaVinci”), allegedly under the guise of the Espionage Act, 18 U.S.C. § 793 . DaVinci responded by filing this action alleging conversion and other common law tort claims against the United States and several U.”
Philip Agee v. Edmund S. Muskie, Sec'y of State, 629 F.2d 80 (D.C. Cir. 1980). · cites it 9× “” The Secretary, in fact, acknowledges that Agee may be in violation of 18 U.S.C. § 793 because he “has ‘communicated’ ‘to persons not entitled to receive it’ ‘information relating to the national defense’ which could be ‘used to the injury of the United States.”
United States v. Rosen, 557 F.3d 192 (4th Cir. 2009). · cites it 6× “Rosen, the Director of Foreign Policy Issues at the American Israeli Public Affairs Committee (“AIPAC”), and Keith Weissman, the Senior Middle East Analyst in AIPAC’s Foreign Policy Issues Department — with violations of the Espionage Act, 18 U.S.C. § 793 . The operative…”
United States v. Richard W. Miller, 874 F.2d 1255 (9th Cir. 1989). · cites it 4× “§§ 793 (b), 794(a) & (c), which relate to copying and delivering defense information to a foreign government, all require that the government prove that the defendant acted with intent or reason to believe that the information transmitted would either injure the United States or…”
Show all 187 citing cases →
— 18 U.S.C. § 793(e) — 1 case
United States v. John Doe. In the Matter of Grand Jury Proceeding: Application of Daniel Ellsberg for Prot. Order, 455 F.2d 1270 (1st Cir. 1972).
— 18 U.S.C. § 793(f)(2) — 1 case
United States v. Squillacote, 221 F.3d 542 (4th Cir. 2000).
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