Espionage and Related Offenses - Offenses Involving National Defense and Weapons of Mass Destruction

(2) 13, otherwise.

Commentary

Statutory Provision: 18 U.S.C. § 793(f).

Application Note:

1. See Commentary to §2M3.1.

Background: Offenses prosecuted under this statute generally do not involve subversive conduct on behalf of a foreign power, but rather the loss of classified information by the gross negligence of an employee of the federal government or a federal contractor.

Historical Note:: Effective November 1, 1987.

§2M3.5. Tampering with Restricted Data Concerning Atomic Energy

(a) Base Offense Level: 24

Commentary

Statutory Provision: 42 U.S.C. § 2276.

Application Note:

1. See Commentary to §2M3.1.

Historical Note:: Effective November 1, 1987.

§2M3.6. [Deleted]

Historical Note:: Section 2M3.6 (Disclosure of Classified Cryptographic Information), effective November 1, 1987, was deleted by consolidation with §2M3.3 effective November 1, 1993 (see Appendix C, amendment 481).

§2M3.7. [Deleted]

Historical Note:: Section 2M3.7 (Unauthorized Disclosure to Foreign Government or a Communist Organization of Classified Information by Government Employee), effective November 1, 1987, was deleted by consolidation with §2M3.3 effective November 1, 1993 (see Appendix C, amendment 481).

§2M3.8. [Deleted]

Historical Note:: Section 2M3.8 (Receipt of Classified Information), effective November 1, 1987, was deleted by consolidation with §2M3.3 effective November 1, 1993 (see Appendix C, amendment 481).

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Last reviewed October 2024