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CITE

    18 USC Sec. 798                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 37 - ESPIONAGE AND CENSORSHIP

HEAD

    Sec. 798. Disclosure of classified information

STATUTE

      (a) Whoever knowingly and willfully communicates, furnishes,
    transmits, or otherwise makes available to an unauthorized person,
    or publishes, or uses in any manner prejudicial to the safety or
    interest of the United States or for the benefit of any foreign
    government to the detriment of the United States any classified
    information -
        (1) concerning the nature, preparation, or use of any code,
      cipher, or cryptographic system of the United States or any
      foreign government; or
        (2) concerning the design, construction, use, maintenance, or
      repair of any device, apparatus, or appliance used or prepared or
      planned for use by the United States or any foreign government
      for cryptographic or communication intelligence purposes; or
        (3) concerning the communication intelligence activities of the
      United States or any foreign government; or
        (4) obtained by the processes of communication intelligence
      from the communications of any foreign government, knowing the
      same to have been obtained by such processes -
      Shall be fined under this title or imprisoned not more than ten
    years, or both.
      (b) As used in subsection (a) of this section -
      The term "classified information" means information which, at the
    time of a violation of this section, is, for reasons of national
    security, specifically designated by a United States Government
    Agency for limited or restricted dissemination or distribution;
      The terms "code," "cipher," and "cryptographic system" include in
    their meanings, in addition to their usual meanings, any method of
    secret writing and any mechanical or electrical device or method
    used for the purpose of disguising or concealing the contents,
    significance, or meanings of communications;
      The term "foreign government" includes in its meaning any person
    or persons acting or purporting to act for or on behalf of any
    faction, party, department, agency, bureau, or military force of or
    within a foreign country, or for or on behalf of any government or
    any person or persons purporting to act as a government within a
    foreign country, whether or not such government is recognized by
    the United States;
      The term "communication intelligence" means all procedures and
    methods used in the interception of communications and the
    obtaining of information from such communications by other than the
    intended recipients;
      The term "unauthorized person" means any person who, or agency
    which, is not authorized to receive information of the categories
    set forth in subsection (a) of this section, by the President, or
    by the head of a department or agency of the United States
    Government which is expressly designated by the President to engage
    in communication intelligence activities for the United States.
      (c) Nothing in this section shall prohibit the furnishing, upon
    lawful demand, of information to any regularly constituted
    committee of the Senate or House of Representatives of the United
    States of America, or joint committee thereof.
      (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).
      (3) Except as provided in paragraph (4), 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 established under section 1402
    of the Victims of Crime Act of 1984 (42 U.S.C. 10601) 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, and any territory or possession of the United States.

SOURCE

    (Added Oct. 31, 1951, ch. 655, Sec. 24(a), 65 Stat. 719; amended
    Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994,
    108 Stat. 2147; Pub. L. 103-359, title VIII, Sec. 804(a), Oct. 14,
    1994, 108 Stat. 3439; Pub. L. 104-294, title VI, Sec. 602(c), Oct.
    11, 1996, 110 Stat. 3503.)

CODIFICATION

      Another section 798 was renumbered section 798A of this title.

AMENDMENTS

      1996 - Subsec. (d)(5). Pub. L. 104-294 struck out "the Trust
    Territory of the Pacific Islands," after "Puerto Rico,".
      1994 - Subsec. (a). Pub. L. 103-322 substituted "fined under this
    title" for "fined not more than $10,000" in concluding provisions.
      Subsec. (d). Pub. L. 103-359 added subsec. (d).
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