What Is Espionage and National Security Violations Under Federal Law?
Federal espionage and national security violations involve unauthorized access to, disclosure of, or transmission of information that could compromise U.S. national defense, intelligence operations, or international relations. These offenses are prosecuted under laws designed to protect sensitive data and government integrity — even when no physical harm occurs.
The Espionage Act, primarily codified at 18 U.S.C. §§ 792–798, criminalizes gathering, transmitting, or mishandling national defense information with intent to harm the U.S. or benefit a foreign power. Related charges can involve the mishandling of classified documents, unauthorized disclosures, or acting as an unregistered agent for a foreign nation.
Espionage and national security violations may also include:
- Transferring classified information to unauthorized persons
- Accessing government databases without clearance
- Photographing or mapping defense installations
- Cyber intrusions to obtain sensitive defense data
What is espionage in national security? It’s the act of obtaining or communicating national defense information to harm the U.S. or help a foreign entity, often using covert methods. But even unintentional or negligent handling of such information can still lead to charges.
What is the federal law for espionage? Multiple statutes apply, but most charges stem from the Espionage Act and other national security provisions under Title 18. These laws cover not only foreign spying, but also mishandling or leaking classified material domestically.
Key Federal Espionage Statutes and National Security Laws
Federal espionage and national security prosecutions rely on a complex framework of statutes, primarily from Title 18 and Title 50 of the U.S. Code. These laws are designed to protect classified intelligence, military operations, and national defense infrastructure.
Espionage Act – 18 U.S.C. §§ 792–798
- § 793: Gathering, transmitting, or losing national defense information
- § 794: Delivering defense information to aid a foreign government — carries a potential life sentence or death penalty
- § 798: Unauthorized disclosure of classified communications intelligence
Other Critical Federal Statutes
- 18 U.S.C. § 951: Acting as an agent of a foreign government without notice to the Attorney General
- 18 U.S.C. § 1030: Computer Fraud and Abuse Act – applies when sensitive government systems are accessed without authorization
- 50 U.S.C. §§ 1801–1885: Foreign Intelligence Surveillance Act (FISA) – regulates lawful electronic surveillance for intelligence purposes
- 50 U.S.C. §§ 421–426: Intelligence Identities Protection Act – prohibits revealing the identity of covert agents
What is the penalty for violating the Espionage Act? Depending on the statute, penalties range from 10 years to life imprisonment — and even capital punishment in wartime cases under § 794.
What Are the Penalties for Federal Espionage and National Security Offenses?
Federal penalties for espionage and national security offenses are among the harshest in the U.S. criminal code. Depending on the nature of the charges and the defendant’s intent, a conviction can result in long-term imprisonment, asset forfeiture, or even the death penalty.
| Statute / Charge | Maximum Penalty |
|---|---|
| 18 U.S.C. § 793 – National Defense Info | Up to 10 years per offense |
| 18 U.S.C. § 794 – Espionage | Life imprisonment or death |
| 18 U.S.C. § 798 – Classified Intel Disclosure | Up to 10 years per count |
| 18 U.S.C. § 951 – Acting for a Foreign Gov’t | Up to 10 years |
| Economic Espionage – 18 U.S.C. § 1831 | Up to 15 years and $5 million fine |
| Export Violations (e.g., Arms Export Control Act) | Up to 20 years and substantial fines |
How many years can you get for espionage? Depending on the statute, penalties range from 10 years to life — or death under § 794 in wartime cases.
Defense Strategies From a Missouri Espionage and National Security Lawyer
Espionage and national security cases often hinge on questions of motive, knowledge, classification, and due process. At Combs Waterkotte, our Missouri federal espionage and national security violations attorneys examine every element of the case to identify flaws in the government’s charges and develop a strategy built to win — or mitigate the damage wherever possible.
Lack of Intent to Harm the U.S.
Many espionage statutes require the government to prove intent to injure the United States or benefit a foreign power. We may show that your actions were negligent, misunderstood, or never meant to harm national interests.
Challenging Classification
Not all sensitive information is legally classified, and even if it is, it must meet proper standards. We can challenge whether the information was truly national defense information or whether it was improperly classified after the fact.
Unlawful Search or Surveillance
If evidence was obtained through unconstitutional surveillance, wiretaps, or FISA abuses, we may move to suppress it. This can severely weaken the prosecution’s case or even lead to dismissal.
First Amendment or Whistleblower Protection
In some situations, the accused may have engaged in protected speech or attempted to expose government wrongdoing. We explore these avenues carefully where applicable.
Mistaken Identity or Fabrication
When intelligence cases involve multiple actors or third-party sources, it’s not uncommon for misidentifications or false accusations to occur. We scrutinize every agency report, witness, and informant claim for inconsistencies.
Expert Testimony
We work with national security experts, former intelligence personnel, and classification specialists to challenge the government’s narrative and explain your side to a jury or judge in clear terms.
