18 U.S.C. § 794 – Gathering or Delivering Defense Information to Aid a Foreign Government
One of the most severe federal espionage statutes on the books.
What § 794 targets.
Section 794 criminalizes the intentional delivery, transmission, or disclosure of national defense information to a foreign government or foreign power when the person acts with intent or reason to believe the information will harm the United States or benefit a foreign nation.
This statute goes beyond mere possession or mishandling of classified material. It focuses on active cooperation with a foreign power or enemy, whether directly or indirectly.
Who or what can receive the information.
The law applies when defense information is communicated to:
- A foreign government (recognized or unrecognized)
- A foreign military or naval force
- A faction or political party within a foreign country
- Any agent, officer, employee, or citizen acting on behalf of a foreign power
Types of information covered.
The statute broadly includes documents or information relating to national defense, such as:
- Military plans or defense strategy
- Weapons systems or nuclear-related information
- Intelligence or cryptographic materials
- Photographs, maps, blueprints, models, or technical data
Wartime espionage.
Subsection (b) separately addresses conduct during time of war, including gathering or publishing information about troop movements, military operations, or defense preparations when intended to aid the enemy.
Penalties.
Violations of § 794 carry the most extreme penalties in federal criminal law:
- Life imprisonment or any term of years
- Death penalty in narrowly defined circumstances involving grave national security consequences
- Mandatory criminal forfeiture of proceeds and facilitating property
Conspiracy and forfeiture.
Conspiring to violate § 794 carries the same penalties as the underlying offense. Upon conviction, the court must order forfeiture of proceeds and property used to commit or facilitate the offense.
Charges under § 794 place a case in the highest national security category the federal system recognizes. If this statute is implicated, contact our federal criminal defense team immediately at (314) 900-HELP or request a confidential consultation.
