18 U.S.C. § 793 – Gathering, Transmitting, or Losing Defense Information
One of the core provisions of the Espionage Act governing national defense information.
What § 793 addresses.
Section 793 criminalizes a wide range of conduct involving national defense information, including obtaining, copying, transmitting, retaining, or mishandling such information when it could harm the United States or benefit a foreign nation.
Unlike some espionage statutes, § 793 does not require proof that the defendant acted on behalf of a foreign government. The focus is on the nature of the information and the risk created by the conduct.
Types of conduct covered.
- Entering or surveying defense-related sites to obtain national defense information
- Copying, photographing, or recording defense documents or materials
- Receiving or possessing defense information known to be improperly obtained
- Transmitting defense information to unauthorized persons
- Willfully retaining defense information and refusing to return it upon demand
- Grossly negligent handling that results in loss, theft, or destruction of defense information
Authorized vs. unauthorized possession.
Subsections (d) and (e) distinguish between individuals who lawfully possessed defense information and those who never had authorization. Both can face criminal liability depending on how the information is handled or retained.
Negligence-based exposure.
Subsection (f) is notable because it permits criminal liability based on gross negligence, rather than intentional disclosure, when entrusted defense information is lost, stolen, or improperly removed.
Penalties.
Violations of § 793 are punishable by:
- Up to 10 years in federal prison per count
- Federal fines
Conspiracy and forfeiture.
The statute also criminalizes conspiracy to violate any subsection and authorizes forfeiture of proceeds obtained from foreign governments or entities as a result of the offense.
Charges under § 793 carry national security implications and often involve classified information procedures. If this statute is implicated, call (314) 900-HELP or contact our federal criminal defense attorneys to assess exposure and defense strategy.
