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50 U.S.C. § 783Offenses

submitted 76 years ago by ch. 1024 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 787 words · no verdicts yet

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This section prohibits certain government personnel from disclosing classified national-security information to foreign-government agents without authorization and prohibits those agents from receiving it without authorization. Upon conviction, a violator must receive the stated fine, imprisonment, or both, becomes ineligible for specified United States offices, and is subject to the section’s prosecution-period and forfeiture rules.

(a) Communication of classified information by a Government officer or employee. A United States officer or employee, an officer or employee of a United States department or agency, or an officer or employee of a corporation owned wholly or partly by the United States or such a department or agency may not communicate, by any method, information classified by the President or by an approved head of such a department, agency, or corporation as affecting United States security to a person the officer or employee knows or has reason to believe is an agent or representative of a foreign government. This applies when the officer or employee knows or has reason to know that the information was classified, unless the President or the employing department, agency, or corporation specifically authorized the disclosure. (b) Receipt or attempted receipt by a foreign agent. An agent or representative of a foreign government may not knowingly obtain, receive, or try to obtain or receive, directly or indirectly from the covered United States officer, employee, or corporation, information classified as affecting United States security by the President or by an approved head of the department, agency, or corporation. This is allowed only if the department, agency, or corporation controlling the information first gives special authorization for the communication. (c) Penalties. Any person who violates any provision of this section must, upon conviction, be punished by a fine of not more than $10,000, imprisonment for not more than 10 years, or both. Afterward, the person is ineligible to hold any United States office or any place of honor, profit, or trust created by the Constitution or United States laws. (d) Limitation period. A person may be prosecuted, tried, and punished for a violation within 10 years after the offense, despite another limitations law. If the person was a covered United States officer or employee when the offense occurred, prosecution may occur within 10 years after the person stopped being such an officer or employee. (e) Forfeiture of property. (1) A person convicted under this section must forfeit to the United States, regardless of State law: (A) property that is or comes from proceeds obtained directly or indirectly from the violation; and (B) the person’s property used or intended to be used in any way, wholly or partly, to commit or help commit the violation. (2) When sentencing a convicted defendant, the court must order forfeiture of all property described in paragraph (1). (3) Unless paragraph (4) provides otherwise, subsections (b), (c), and (e) through (p) of section 853 of title 21 apply, if consistent with this subsection, to forfeitable property, its seizure or disposition, and related administrative or judicial proceedings. (4) Despite section 524(c) of title 28, all forfeiture amounts remaining after legally authorized forfeiture and sale expenses must be deposited in the Crime Victims Fund established under section 20101 of title 34. (5) Here, “State” means a United States State, the District of Columbia, Puerto Rico, the Trust Territory of the Pacific Islands, or a United States territory or possession.
the actual law source: uscode.house.gov ↗public domain
(a) Communication of classified information by Government officer or employee

It shall be unlawful for any officer or employee of the United States or of any department or agency thereof, or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, to communicate in any manner or by any means, to any other person whom such officer or employee knows or has reason to believe to be an agent or representative of any foreign government, any information of a kind which shall have been classified by the President (or by the head of any such department, agency, or corporation with the approval of the President) as affecting the security of the United States, knowing or having reason to know that such information has been so classified, unless such officer or employee shall have been specifically authorized by the President, or by the head of the department, agency, or corporation by which this officer or employee is employed, to make such disclosure of such information.

(b) Receipt of, or attempt to receive, by foreign agent or member of Communist organization, classified information

It shall be unlawful for any agent or representative of any foreign government knowingly to obtain or receive, or attempt to obtain or receive, directly or indirectly, from any officer or employee of the United States or of any department or agency thereof or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, any information of a kind which shall have been classified by the President (or by the head of any such department, agency, or corporation with the approval of the President) as affecting the security of the United States, unless special authorization for such communication shall first have been obtained from the head of the department, agency, or corporation having custody of or control over such information.

(c) Penalties for violation

Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine of not more than $10,000, or imprisonment for not more than ten years, or by both such fine and such imprisonment, and shall, moreover, be thereafter ineligible to hold any office, or place of honor, profit, or trust created by the Constitution or laws of the United States.

(d) Limitation period

Any person may be prosecuted, tried, and punished for any violation of this section at any time within ten years after the commission of such offense, notwithstanding the provisions of any other statute of limitations: Provided, That if at the time of the commission of the offense such person is an officer or employee of the United States or of any department or agency thereof, or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, such person may be prosecuted, tried, and punished for any violation of this section at any time within ten years after such person has ceased to be employed as such officer or employee.

(e) Forfeiture of property
(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).

(3)

Except as provided in paragraph (4), the provisions of subsections (b), (c), and (e) through (p) of section 853 of title 21 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 established under section 20101 of title 34 all amounts from the forfeiture of property under this subsection remaining after the payment of expenses for forfeiture and sale authorized by law.

(5)

As used in this subsection, the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and any territory or possession of the United States.

Source credit: (Sept. 23, 1950, ch. 1024, title I, § 4, 64 Stat. 991; Pub. L. 90–237, § 3, Jan. 2, 1968, 81 Stat. 765; Pub. L. 103–199, title VIII, § 803(2), Dec. 17, 1993, 107 Stat. 2329; Pub. L. 103–359, title VIII, § 804(c), Oct. 14, 1994, 108 Stat. 3440.)

history & why it existsrecord from the source credit
  • 1950Enacted · Act of Sept. 23, 1950, ch. 1024 · 64 Stat. 991
  • 1968Amended · Pub. L. 90-237 · 81 Stat. 765
  • 1993Amended · Pub. L. 103-199 · 107 Stat. 2329
  • 1994Amended · Pub. L. 103-359 · 108 Stat. 3440

A history note hasn’t been published yet. The record shows enactment by ch. 1024 on 1950-09-23.

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