Page:United States Statutes at Large Volume 62 Part 1.djvu/767

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62 STAT.] SOTH CONG. , 2D SESS.-CH. 645-JUNE 25, 1948 737 be obtained, taken, made or disposed of by any person contrary to the provisions of this chapter; or Whoever, lawfully or unlawfully having possession of, access to, control over, or being intrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, willfully communicates or transmits or attempts to communicate or transmit the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or Whoever, being intrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, or informa- tion, relating to the national defense, 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- Shall be fined not more than $10,000 or imprisoned not more than ten years, or both. § 794. GATHERING OR DELIVERING DEFENSE INFORMATION TO AID FOR- EIGN GOVERNMENT (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 repre- sentative, 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 imprisoned not more than twenty years. (b) Whoever violates subsection (a) in time of war shall be pun- ished by death or by imprisonment for not more than thirty years. (c) Whoever, in time of war, with intent that the same shall be communicated to the enemy, collects, records, publishes, or commu- nicates, or attempts to elicit any information with respect to the movement, numbers, description, condition, or disposition of any of the armed forces, ships, aircraft, or war materials of the United States, or with respect to the plans or conduct, or supposed plans or conduct of any naval or military operations, or with respect to any works or measures undertaken for or connected with, or intended for the fortifi- cation or defense of any place, or any other information relating to the public defense, which might be useful to the enemy, shall be punished by death or by imprisonment for not more than thirty years. (d) If two or more persons conspire to violate this section, and one Conspiracy. or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be subject to the punish- ment provided for the offense which is the object of such conspiracy. § 795. PHOTOGRAPHING AND SKETCHING DEFENSE INSTALLATIONS (a) Whenever, in the interests of national defense, the President defines certain vital military and naval installations or equipment as requiring protection against the general dissemination of information relative thereto, it shall be unlawful to make any photograph, sketch, picture, drawing, map, or graphical representation of such vital mili- tary and naval installations or equipment without first obtaining permission of the commanding officer of the military or naval post, camp, or station, or naval vessels, military and naval aircraft, and any 6S706 0 -- 49-pt. 1 -47