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:
Attachment | Size |
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CIA-RDP90-00530R000501000005-6.pdf | 423.98 KB |
Body:
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.