National Security Offenses
Federal national security offenses involve allegations that a person unlawfully gathered, transmitted, retained, or disclosed information affecting the national defense, or engaged in conduct intended to undermine the security or authority of the United States. These statutes address espionage, classified information disclosures, treason-related offenses, and certain activities involving foreign governments.
Unlike many traditional criminal charges, national security statutes often involve complex factual investigations, classified materials, and unique procedural considerations. Prosecutors must establish specific intent requirements, statutory elements tied to national defense information, or conduct directed against the United States government.
The statutes below outline how federal law addresses espionage, treason, insurrection, unauthorized disclosures, and related national security offenses.
- 18 U.S.C. § 793 – Gathering, Transmitting, or Losing Defense Information
- 18 U.S.C. § 794 – Delivering Defense Information to Aid a Foreign Government
- 18 U.S.C. § 798 – Disclosure of Classified Information
- 18 U.S.C. § 2381 – Treason
- 18 U.S.C. § 2382 – Misprision of Treason
- 18 U.S.C. § 2383 – Rebellion or Insurrection
- 18 U.S.C. § 2384 – Seditious Conspiracy
- 18 U.S.C. § 2385 – Advocating Overthrow of Government
- 18 U.S.C. § 953 – Private Correspondence with Foreign Governments (Logan Act)
- 50 U.S.C. § 783 – Communication of Classified Information by Government Employee
Understanding Federal National Security Charges
National security statutes vary in scope. Some focus on the unlawful handling or transmission of national defense information, while others address conduct directed against the authority of the United States or coordination with foreign governments. Many of these offenses carry severe penalties and may involve enhanced procedural protections related to classified evidence.
Federal Defense for National Security Allegations
Charges involving national security can carry substantial penalties and may involve highly complex legal issues. Early legal representation allows defense counsel to evaluate statutory elements, address evidentiary concerns, and protect constitutional rights at each stage of the proceedings. Contact Combs Waterkotte online or call (314) 900-HELP to speak with a federal criminal defense attorney.
