TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP90-00530R000501000005-6
Release Decision: 
RIFPUB
Original Classification: 
K
Document Page Count: 
4
Document Creation Date: 
December 22, 2016
Document Release Date: 
October 24, 2012
Sequence Number: 
5
Case Number: 
Content Type: 
REGULATION
File: 
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PDF icon CIA-RDP90-00530R000501000005-6.pdf423.98 KB
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Declassified and Approved For Release 2012/10/24: CIA-RDP90-0053OR000501000005-6 , TITLE 18 - CRIMES AND CRIMINAL PROCEDURE ? 792. Harboring or concealing persons Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe or suspect, has committed, or is about to commit, an offense under sections 793 or 794 of this title, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 736.) HISTORICAL AND REVISION NOTES Based on section 35 of title 50, U.S.C., 1940 ed., War and National Defense (June 15. 1917, ch. 30, title I. ? 5. 40 Stat. 219; Mar. 28. 1940, ch. 72, ? 2. 54 Stat. 79). Similar harboring and concealing language was added to section 2388 of this title. Mandatory punishment provision was rephrased in the alternative. INDICTMENT FOR VIOLATING THIS SECTION AND SECTIONS 793, 794; LIMITATION PERIOD Act Sept. 23, 1950, ch. 1024. ? 19, 64 Stat. 1005, pro vided that an indictment for any violation of this sec- tion and sections 793 and 794 of this title, other than a violation constituting a capital offense, may be found at any time within ten years next after such violation shall have been committed, but that such section 19 shall not authorize prosecution, trial, or punishment for any offense "now" barred by the provisions of ex- isting law. CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Federal retirement benefits, forfeiture upon convic- tion of offenses, described under this section, see sec- tion 8312 of Title 5, Government Organization and Employees. Forfeiture of veterans' benefits upon conviction under this section, see section 3505 of Title 38, Veter- ans' Benefits. Harboring and concealing, generally, see section 1071 et seq. of this title. Jurisdiction of offenses, see section 3241 of this Litt' Misprision of felony, see section 4 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title title 5 section 8312; title 8 section 1251; title 38 sectiox 3505. ? 793. Gathering, transmitting or losing defense infor mation (a) Whoever, for the purpose of obtaining in formation respecting the national defense witt. intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains in- formation concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling station, fort, battery, torpedo sta- tion, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, research labora- tory or station or other place connected with the national defense owned or constructed, or in progress of construction by the United States or under the control of the United States, or of any of its officers, departments, or agencies, or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other mat! rials or instruments for use in time of war ar, being made, prepared, repaired, stored, or are the subject of research or development, under any contract or agreement with the United States, or any department or agency thereof, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any prohibited place so designated by the Presi- dent by proclamation in time of war or in case of national emergency in which anything for the use of the Army, Navy, or Air Force is being prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the national defense; or 1b) Whoever, for the purpose aforesaid. and with like intent or reason to believe, copies, takes, makes, or obtains, or attempts to copy, take, make, or obtain, any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writ- ing, or note of anything connected with the na- tional defense; or (c) Whoever, for the purpose aforesaid, re- ceives or obtains or agrees or attempts to re- ceive or obtain from any person, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photo- graphic negative, blueprint, plan, map, model, instrument, appliance, or note, of anything con- nected with the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts to receive or obtain it, that it has been or will be obtained, taken, made, or disposed of by any person con- trary to the provisions of this chapter; or (d) Whoever, lawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appli- ance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to ``^lieve could be used to the injury of the United States or to the advantage of any for- eign nation, willfully communicates, delivers, transmits or causes to be communicated, deliv- ered, or transmitted or attempts to communi- cate, deliver, transmit or cause to be communi- cated, delivered or transmitted the same to any person not entitled to receive it, or willfully re- tains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or (e) Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photo- graph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note re- lating to the national defense, or information relating to the national defense which informa- tion the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or trans- mitted the same to any person not entitled to receive it, or willfully retains the same and fails Ct Declassified and Approved For Release 2012/10/24: CIA-RDP90-0053OR000501000005-6 Declassified and Approved For Release 2012/10/24: CIA-RDP90-0053OR000501000005-6 W W TITLE 18 - CRIMES AND CRIMINAL PROCEDURE to deliver it to the officer or employee of the United States entitled to receive it; or (f) Whoever, being entrusted with or having lawful possession. or control of any document, writing, code book, signal book, sketch, photo- graph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or in- formation, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been it legally removed from its proper place of custo- dy or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or de- stroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer- Shall be fined not more than $10,000 or im- prisoned not more than ten years, or both.