Notes on 18 U.S.C. § 794 : US Code - Notes

Search Notes on 18 U.S.C. § 794 : US Code - Notes

(June 25, 1948, ch. 645, 62 Stat. 737; Sept. 3, 1954, ch. 1261,
title II, Sec. 201, 68 Stat. 1219; Pub. L. 99-399, title XIII, Sec.
1306(b), Aug. 27, 1986, 100 Stat. 898; Pub. L. 100-690, title VII,
Sec. 7064, Nov. 18, 1988, 102 Stat. 4404; Pub. L. 103-322, title
VI, Sec. 60003(a)(2), Sept. 13, 1994, 108 Stat. 1968; Pub. L. 103-
359, title VIII, Sec. 804(b)(2), Oct. 14, 1994, 108 Stat. 3440;
Pub. L. 104-294, title VI, Secs. 604(b)(2), 607(b), Oct. 11, 1996,
110 Stat. 3506, 3511.)
HISTORICAL AND REVISION NOTES
Based on sections 32 and 34 of title 50, U.S.C., 1940 ed., War
and National Defense (June 15, 1917, ch. 30, title I, Secs. 2, 4,
40 Stat. 218, 219).
Section consolidates sections 32 and 34 of title 50, U.S.C., 1940
ed., War and National Defense.
The words "or induces or aids another" were omitted as
unnecessary in view of definition of "principal" in section 2 of
this title.
The conspiracy provision of said section 34 was also incorporated
in section 2388 of this title.
Minor changes were made in phraseology.
REFERENCES IN TEXT
Section 101(a) of the Foreign Intelligence Surveillance Act of
1978, referred to in subsec. (a), is classified to section 1801(a)
of Title 50, War and National Defense.
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-294, Sec. 604(b)(2), amended
directory language of Pub. L. 103-322, Sec. 60003(a)(2). See 1994
Amendment note below.
Subsec. (d)(1). Pub. L. 104-294, Sec. 607(b), inserted at end
"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."
1994 - Subsec. (a). Pub. L. 103-322, as amended by Pub. L. 104-
294, Sec. 604(b)(2), substituted for period at end ", 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."
Subsec. (d)(3). Pub. L. 103-359 substituted "(p)" for "(o)" in
two places.
1988 - Subsec. (d)(4). Pub. L. 100-690 substituted "amounts" for
"amount".
1986 - Subsec. (d). Pub. L. 99-399 added subsec. (d).
1954 - Act Sept. 3, 1954, increased the penalty for peacetime
espionage and corrected a deficiency on the sentencing authority by
increasing penalty to death or imprisonment for any term of years.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 604(b)(2) of Pub. L. 104-294 effective Sept.
13, 1994, see section 604(d) of Pub. L. 104-294, set out as a note
under section 13 of this title.
TEMPORARY EXTENSION OF SECTION
Temporary extension of section, see section 798 of this title.
Section 7 of act June 30, 1953, ch. 175, 67 Stat. 133, repealed
Joint Res. July 3, 1952, ch. 570, Sec. 1(a)(29), 66 Stat. 333;
Joint Res. Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18, which had
provided that this section should continue in force until six
months after the termination of the National emergency proclaimed
by 1950 Proc. No. 2914 which is set out as a note preceding section
1 of Appendix to Title 50, War and National Defense.
Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr.
14, 1952, ch. 204, 66 Stat. 54, as amended by Joint Res. May 28,
1952, ch. 339, 66 Stat. 96. Intermediate extensions by Joint Res.
June 14, 1952, ch. 437, 66 Stat. 137, and Joint Res. June 30, 1952,
ch. 526, 66 Stat. 296, which continued provisions until July 3,
1952, expired by their own terms.
INDICTMENT FOR VIOLATING THIS SECTION; LIMITATION PERIOD
Limitation period in connection with indictments for violating
this section, see note set out under section 792 of this title.