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From the U.S. Code Online via GPO Access

    [wais.access.gpo.gov]
    [Laws in effect as of January 16, 1996]
    [Document not affected by Public Laws enacted between
      January 16, 1996 and August 28, 1996]
    [CITE: 18USC794]

                     TITLE 18--CRIMES AND CRIMINAL PROCEDURE

                                 PART I--CRIMES

                      CHAPTER 37--ESPIONAGE AND CENSORSHIP

    Sec. 794. Gathering or delivering defense information to aid foreign government

        (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.

        (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. 737; Sept. 3, 1954, ch. 1261, title
    II, Sec. 201, 68 Stat. 1219; Aug. 27, 1986, Pub. L. 99-399, title XIII,
    Sec. 1306(b), 100 Stat. 898; Nov. 18, 1988, Pub. L. 100-690, title VII,
    Sec. 7064, 102 Stat. 4404; Sept. 13, 1994, Pub. L. 103-322, title VI,
    Sec. 60003(a)(2), 108 Stat. 1968; Oct. 14, 1994, Pub. L. 103-359, title
    VIII, Sec. 804(b)(2), 108 Stat. 3440.)

                          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, Secs. 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.

                           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.

                                   Amendments

        1994--Subsec. (a). Pub. L. 103-322 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.

                         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.

                                   Canal Zone

        Applicability of section to Canal Zone, see section 14 of this
    title.

                                Cross References

        Classified information, disclosure by Government official or other
    person, penalty for, see section 783 of Title 50, War and National
    Defense, and section 798 of this title.
        Conspiracy to commit offense generally, see section 371 of this
    title.
        Federal retirement benefits, forfeiture upon conviction of offenses
    described under this section, see section 8312 of Title 5, Government
    Organization and Employees.
        Forfeiture of veterans' benefits upon conviction under this section,
    see section 6105 of Title 38, Veterans' Benefits.
        Jurisdiction of offenses, see section 3241 of this title.
        Letters, writings, etc., in violation of this section as
    nonmailable, see section 1717 of this title.

                      Section Referred to in Other Sections

        This section is referred to in sections 14, 792, 798A, 951, 1717,
    1956, 3077, 3239, 3591, 3592, 3681 of this title; title 5 section 8312;
    title 22 section 2778; title 38 section 6105; title 42 section 2000aa;
    title 50 App. sections 19, 34, 2410.