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50 U.S.C. § 1827Penalties

submitted 32 years ago by Pub. L. 95-511 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 200 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section makes certain unauthorized physical searches in the United States, and knowing use or disclosure of information from them, criminal offenses when done for specified intelligence purposes. It provides a law-enforcement defense, sets a maximum fine and prison term, and gives Federal jurisdiction in a specified case.

(a) Prohibited activities. A person commits an offense if the person intentionally (1), under color of law and to obtain foreign-intelligence information, conducts a physical search in the United States without statutory authorization; or (2), under color of law and to obtain intelligence information, discloses or uses information from a physical search in the United States while knowing or having reason to know that the search was not authorized by statute. (b) Defense. It is a defense if the defendant was a law-enforcement or investigative officer acting in official duties and the search was authorized by, and conducted under, a search warrant or court order from a court with proper jurisdiction. (c) Fine or imprisonment. The offense may be punished by a fine of up to $10,000, imprisonment for up to 5 years, or both. (d) Federal jurisdiction. The Federal Government has jurisdiction if the person committing the offense was a United States officer or employee when it was committed.
the actual law source: uscode.house.gov ↗public domain
(a) Prohibited activities

A person is guilty of an offense if he intentionally—

(1)

under color of law for the purpose of obtaining foreign intelligence information, executes a physical search within the United States except as authorized by statute; or

(2)

discloses or uses information obtained under color of law by physical search within the United States, knowing or having reason to know that the information was obtained through physical search not authorized by statute, for the purpose of obtaining intelligence information.

(b) Defense

It is a defense to a prosecution under subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the physical search was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.

(c) Fine or imprisonment

An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.

(d) Federal jurisdiction

There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.

Source credit: (Pub. L. 95–511, title III, § 307, as added Pub. L. 103–359, title VIII, § 807(a)(3), Oct. 14, 1994, 108 Stat. 3452.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 95-511 · 108 Stat. 3452

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-511 on 1994-10-14.

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