(a) Whoever, with intent or reason to believe that it is to be
used to the injury of the United States or to the advantage of a
foreign nation, communicates, delivers, or transmits, or attempts
to communicate, deliver, or transmit, to any foreign government, or
to any faction or party or military or naval force within a foreign
country, whether recognized or unrecognized by the United States,
or to any representative, officer, agent, employee, subject, or
citizen thereof, either directly or indirectly, any document,
writing, code book, signal book, sketch, photograph, photographic
negative, blueprint, plan, map, model, note, instrument, appliance,
or information relating to the national defense, shall be punished
by death or by imprisonment for any term of years or for life,
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.
Bookmarks