18 U.S.C. § 794 : US Code - Section 794: Gathering or delivering defense information to aid foreign government

Search 18 U.S.C. § 794 : US Code - Section 794: Gathering or delivering defense information to aid foreign government

(a) Whoever, with intent or reason to believe that it is to be
used to the injury of the United States or to the advantage of a
foreign nation, communicates, delivers, or transmits, or attempts
to communicate, deliver, or transmit, to any foreign government, or
to any faction or party or military or naval force within a foreign
country, whether recognized or unrecognized by the United States,
or to any representative, officer, agent, employee, subject, or
citizen thereof, either directly or indirectly, any document,
writing, code book, signal book, sketch, photograph, photographic
negative, blueprint, plan, map, model, note, instrument, appliance,
or information relating to the national defense, shall be punished
by death or by imprisonment for any term of years or for life,
except that the sentence of death shall not be imposed unless the
jury or, if there is no jury, the court, further finds that the
offense resulted in the identification by a foreign power (as
defined in section 101(a) of the Foreign Intelligence Surveillance
Act of 1978) of an individual acting as an agent of the United
States and consequently in the death of that individual, or
directly concerned nuclear weaponry, military spacecraft or
satellites, early warning systems, or other means of defense or
retaliation against large-scale attack; war plans; communications
intelligence or cryptographic information; or any other major
weapons system or major element of defense strategy.
(b) Whoever, in time of war, with intent that the same shall be
communicated to the enemy, collects, records, publishes, or
communicates, or attempts to elicit any information with respect to
the movement, numbers, description, condition, or disposition of
any of the Armed Forces, ships, aircraft, or war materials of the
United States, or with respect to the plans or conduct, or supposed
plans or conduct of any naval or military operations, or with
respect to any works or measures undertaken for or connected with,
or intended for the fortification or defense of any place, or any
other information relating to the public defense, which might be
useful to the enemy, shall be punished by death or by imprisonment
for any term of years or for life.
(c) If two or more persons conspire to violate 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.
(d)(1) Any person convicted of a violation of this section shall
forfeit to the United States irrespective of any provision of State
law -
(A) any property constituting, or derived from, any proceeds
the person obtained, directly or indirectly, as the result of
such violation, and
(B) any of the person's property used, or intended to be used,
in any manner or part, to commit, or to facilitate the commission
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.