(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.
English
Русский
arkady.bukh@yahoo.com
Our Firm
ad