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United States Code Title 18 — Crimes and Criminal Procedure

§ 798B. Unauthorized access to intelligence community property

§ 798B.

Unauthorized access to intelligence community property

(a)

Prohibited Activity.—

It shall be unlawful, within the jurisdiction of the United States, without authorization to willfully go upon any property—

(1)

with intent to gather intelligence or information to the detriment of the United States; and

(2)

while knowing that such property is—

(A)

under the jurisdiction of an element of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)); and

(B)

closed or restricted.

(b)

Penalties.—

Any person who violates subsection (a) shall—

(1)

in the case of the first offense, be fined under section 3571 of this title, imprisoned not more than 6 months, or both;

(2)

in the case of a second offense after a prior conviction under subsection (a) has become final, be fined under this title, imprisoned not more than 2 years, or both; and

(3)

in the case of a third or subsequent offense after a prior conviction under subsection (a) has become final, be fined under this title, imprisoned not more than 5 years, or both.