Espionage is a broad category of federal crimes defined by 18 USC Chapter 37. The motivating factor in most cases of espionage is the collection and provision of sensitive information from the United States government to other entities or agencies abroad. Since 9/11, the frequency and harshness of espionage case prosecution has increased. Whenever someone is made the custodian of classified information, such as defense or intelligence information, espionage charges are possible for willfully or negligently providing that information to any unauthorized party.
Espionage Laws
Strict federal espionage laws have been on the books since the early 20th century. As most individuals who come into contact with sensitive intelligence and defense information are politicians or members of the military, most people are not familiar with the requirements of such laws. However, as the U.S. has increased the depth and scope of its operations around the world, more and more civilian contractors have also been required to familiarize themselves with these laws.
Espionage Crimes & Charges
Statutes provide for a wide variety of different espionage crimes and charges depending upon the specific type of information that was disseminated or withheld and the security value of that information, as determined by competent authorities. Key charges include:
- Harboring or concealing any individual, whether domestic or foreign in origin, whom the concealing party has reason to believe has committed or is about to commit an offense under federal espionage laws.
- Gathering, transmitting, or losing defense information, including the gathering of information on bases, stations, vehicles, aircraft, and a wide variety of other national security assets, which may be injurious to the United States.
- Gathering or delivering such information as provided above to any foreign government or foreign agent. This can include the sale or other transfer of such information as provided above, or the sale or transfer of photographs, drawings, or other representations.
- Photographing or sketching any defense installation, or using aircraft to photograph any such installation, which can be compounded by charges of publishing or selling such representations.
- Disclosing classified information, including classified information to which a person had rightful legal access to at the time when they became aware of that information. This has been the basis of most modern espionage prosecutions.
Espionage Punishment
Espionage punishment will vary based upon the facts of the case. Particularly, it is important to note that under the Uniform Code of Military Justice, members of the armed forces who engage in espionage may receive a death sentence. Civilians who engage in espionage under United States federal law can receive some of the harshest punishments provided for under any federal statute, which may include life in prison.
Espionage Sentencing Guidelines
Espionage sentencing guidelines are especially complex. Espionage cases are evaluated on the basis of a point level, with each different type of offense having a “Base Offense Level.” The authorities calculate various factors in order to develop a total point level that informs the sentence. For example, transmitting national defense information to aid a foreign government has a base offense level of 37, or 42 if the information is considered Top Secret.
Espionage Statute of Limitations
Although federal statute USC 3282 provides for a five-year statute of limitation for the vast majority of federal crimes, this statute of limitations does not necessarily stand in the case of espionage prosecution. It is generally agreed by legal scholars that acts of espionage can be prosecuted for at least ten years after the alleged act. Certain executive acts and extenuating factors may provide for prosecution after an even longer period of time.
Espionage Cases
Although espionage cases are relatively rare, espionage prosecution has become much more commonplace in the post-9/11 world as society adapts to growing demands for social vigilance against acts of international terrorism.
- In April 2010, six federal employees were charged by the Obama Administration for communicating with the press about national security-related projects and programs in violation of the administration’s expectation of secrecy. (Reporters’ Committee)
- Organizations including WikiLeaks and alleged federal government leaker Edward Snowden have been considered for or charged with counts related to federal espionage. Snowden fled prosecution in the United States and is currently believed to be in Russia. (Los Angeles Times)
Espionage Quick Links & References
- United States Codes and Statues Related to Federal Espionage Charges
- Understanding Charges of Economic Espionage in the United States
- Espionage Act of 1917 and Related Implications for Federal Charges
- Cornell Overview of Federal Laws Related to Disclosure of Classified Information
- U.S. Codes and Statutes Related to Gathering, Disseminating, or Losing Defense Data
- United States Federal Prosecution Sentencing Guidelines for Espionage Offenses
Espionage Laws By State
Espionage involves the act of spying or using spies to obtain confidential information, especially related to national security. The laws and penalties for espionage vary by state, though many states follow federal guidelines:
Under Code of Alabama Section 13A-10-30:
- Espionage is considered a Class A felony, punishable by 10 to 99 years or life in prison.
Under Alaska Stat. Section 11.56.780:
- Espionage is a Class A felony, with penalties including up to 20 years in prison and fines up to $250,000.
Under Arizona Revised Statutes Section 13-2312:
- Espionage is a Class 2 felony, punishable by up to 35 years in prison.
Under Arkansas Code Section 5-51-201:
- Espionage is considered a Class Y felony, punishable by 10 to 40 years or life in prison.
Under California Penal Code Section 187:
- Espionage can be charged as either a misdemeanor or felony, with penalties including up to 25 years to life in state prison.
Under Colorado Revised Statutes Section 18-11-101:
- Espionage is a Class 3 felony, punishable by 4 to 12 years in prison and fines up to $750,000.
Under Connecticut General Statutes Section 53a-295:
- Espionage is considered a Class B felony, punishable by 1 to 20 years in prison and fines up to $15,000.
Under Delaware Code Title 11, Section 1201:
- Espionage is a Class B felony, with a potential sentence of up to 25 years in prison.
Under Florida Statutes Section 775.30:
- Espionage is a first-degree felony, punishable by up to 30 years in prison and fines up to $10,000.
Under Georgia Code Section 16-11-4:
- Espionage is a felony, with penalties up to life in prison or a minimum of 25 years.
Under Hawaii Revised Statutes Section 707-701:
- Espionage is a Class A felony, which includes a potential 20-year prison sentence.
Under Idaho Code Section 18-705:
- Espionage is a felony, punishable by up to 10 years in prison and fines up to $50,000.
Under Illinois Compiled Statutes 720 ILCS 5/19-4:
- Espionage is a Class X felony, with penalties of 6 to 30 years in prison and fines up to $25,000.
Under Indiana Code Section 35-45-6-1:
- Espionage is a Level 3 felony, punishable by 3 to 16 years in prison and fines up to $10,000.
Under Iowa Code Section 719.3:
- Espionage is a Class C felony, punishable by up to 10 years in prison.
Under Kansas Statutes Section 21-5905:
- Espionage is a severity level 3 person felony, which could result in up to 20 years in prison.
Under Kentucky Revised Statutes Section 521.060:
- Espionage is a Class B felony, punishable by 10 to 20 years in prison.
Under Louisiana Revised Statutes Section 14:72.3:
- Espionage is a felony, punishable by 2 to 30 years in prison and fines up to $25,000.
Under Maine Revised Statutes Title 17-A, Section 757:
- Espionage is a Class A crime, punishable by up to 30 years in prison and fines up to $50,000.
Under Maryland Code, Criminal Law Section 3-704:
- Espionage is a felony, punishable by up to 25 years in prison and fines up to $25,000.
Under Massachusetts General Laws Chapter 265, Section 21:
- Espionage is punishable by up to 20 years in prison and fines up to $20,000.
Under Michigan Compiled Laws Section 750.543p:
- Espionage is a felony, with a maximum penalty of life imprisonment.
Under Minnesota Statutes Section 609.475:
- Espionage is a felony, punishable by up to 20 years in prison and fines up to $30,000.
Under Mississippi Code Section 97-7-75:
- Espionage is punishable by up to 30 years in prison, depending on the circumstances.
Under Missouri Revised Statutes Section 576.080:
- Espionage is a Class A felony, punishable by 10 to 30 years in prison.
Under Montana Code Annotated Section 45-7-208:
- Espionage is punishable by up to 20 years in prison, depending on aggravating factors.
Under Nebraska Revised Statutes Section 28-1111:
- Espionage is a Class IIA felony, with a penalty of up to 20 years in prison.
Under Nevada Revised Statutes Section 205.405:
- Espionage is punishable by up to 20 years in prison and fines up to $50,000.
Under New Hampshire Revised Statutes Section 638:6:
- Espionage is a Class A felony, punishable by up to 15 years in prison.
Under New Jersey Statutes Section 2C:27-5:
- Espionage is considered a first-degree crime, with a typical sentence range of 10 to 20 years in prison.
Under New Mexico Statutes Section 30-15-2:
- Espionage is a second-degree felony, punishable by up to 9 years in prison.
Under New York Penal Law Section 195.20:
- Espionage is a Class B felony, punishable by up to 25 years in prison.
Under North Carolina General Statutes Section 14-118.1:
- Espionage is a Class D felony, punishable by up to 10 years in prison.
Under North Dakota Century Code Section 12.1-06-01:
- Espionage is a Class A felony, with a penalty of up to 20 years in prison.
Under Ohio Revised Code Section 2921.41:
- Espionage is a first-degree felony, with penalties including up to 11 years in prison.
Under Oklahoma Statutes Title 21, Section 21-121:
- Espionage is punishable by up to life imprisonment, depending on factors like the presence of aggravating circumstances.
Under Oregon Revised Statutes Section 166.720:
- Espionage is classified as a Class A felony, which can result in up to 20 years in prison.
Under Pennsylvania Consolidated Statutes Title 18, Section 5301:
- Espionage is a first-degree felony, with penalties including a maximum of 20 years in prison.
Under Rhode Island General Laws Section 11-47-3:
- Espionage can result in up to 20 years in prison and fines up to $20000.
Under South Carolina Code Section 16-7-10:
- Espionage is punishable by up to 20 years in prison and fines determined by the court.
Under South Dakota Codified Laws Section 22-8-1:
- Espionage is a Class 3 felony, punishable by up to 15 years in prison.
Under Tennessee Code Annotated Section 39-13-803:
- Espionage is a Class B felony, punishable by 8 to 30 years in prison and fines up to $25,000.
Under Texas Penal Code Section 38.15:
- Espionage is considered a first-degree felony, punishable by 5 to 99 years or life in prison.
Under Utah Code Section 76-8-704:
- Espionage is a first-degree felony, with a minimum sentence of 5 years to life in prison and fines up to $10,000.
Under Vermont Statutes Title 13, Section 3451:
- Espionage is punishable by up to 20 years in prison and fines up to $50,000.
Under Virginia Code Section 18.2-482.1:
- Espionage is a Class 3 felony, punishable by 5 to 20 years in prison and fines up to $100,000.
Under Revised Code of Washington Section 9A.28.120:
- Espionage in the first degree is a Class A felony, punishable by up to life in prison or a definite term of years.
Under West Virginia Code Section 61-6-5:
- Espionage is a felony, punishable by up to 10 years in prison and fines up to $10,000.
Under Wisconsin Statutes Section 946.79:
- Espionage can lead to up to 25 years in prison and fines up to $100,000.
Under Wyoming Statutes Section 6-5-201:
- Espionage is punishable by up to 20 years in prison and fines determined by the court.