However, prosecutions for espionage crimes have become commonplace after the 9/11 terrorist attack.įor example, in early 2010, the Obama Administration charged six federal employees for talking to the media about projects related to national security in violation of the secrecy code. Examples of Espionage CasesĮspionage cases were rarely heard of in the past. Legal scholars and constitutional experts concur that espionage cases can be prosecuted for at least 10 years after the crime was committed. Limitations of Espionage Statutesĭespite the fact that the United States Code gives a 5-year statute limitation for most of the federal crimes, the statute limitation can’t be a stumbling block for the prosecution of an espionage case. The level can be increased to 42 if the information is regarded as very sensitive. When a person is accused of an espionage crime, the concerned authorities calculate different factors to come up with a certain point level that will inform the sentence.įor instance, disseminating sensitive security information to foreign governments has a base offense level of 37. All espionage cases are reviewed and evaluated according to different levels of points.Īll offenses have what’s referred to as a “Base Offence Level”. Guidelines for Sentencing Espionage CrimesĮspionage sentencing guidelines are complex. This, however, depends on the federal statutes and guidelines for such punishment. On the other hand, any civilian in the United States who is found guilty of an espionage crime can also receive very harsh punishments, such as life imprisonment. However, one important thing to note is that members of the military who are found to have engaged in an espionage crime are punished by a death sentence. Punishment for espionage crimes differs depending on the facts presented against the defendant. Collecting and distributing defense information to a foreign country to aid them in a time of war.Going against the regulations set by the National Aeronautics and Space Administration.Publishing or selling pictures of defense installations.Sketching or photographing defense structures or installations, using aircraft to capture such installations, and distributing the same to the public or unauthorized parties.Concealing or harboring any person, whether domestic or foreign – whom the person concealing has reason to believe that the individual has committed or is about to commit a crime under the espionage laws.Collecting, transmitting or losing defense information.This depends on the particular type of information that was given out or held back as well as the security value of the information in question.Ĭommon espionage charges include the following: Statutes give a large category of various espionage crimes as well as charges. There has been a deliberate attempt to educate the general public about these laws and how they affect them. Nonetheless, the United States government has in recent years increased the scope of how espionage laws operate across the globe. Most people are not familiar with espionage laws because those who often come into contact with the government’s sensitive documents are senior politicians and members of the military. Espionage LawsĮspionage laws are not new – they have been in existence since the 20th century. The harshness and frequency of espionage cases have drastically increased since the 9/11 attack.Īnyone tasked with storing classified information such as intelligence or defense information can potentially be charged for espionage because they are responsible in case such sensitive information gets to unauthorized parties. The driving force behind most of the espionage cases is the collection and dissemination of information of a sensitive nature from the United States government to other foreign agencies or entities. 1.3.1 Guidelines for Sentencing Espionage CrimesĮspionage is a wide set of federal crimes as described by chapter 37 of the United States Code (USC).1.3 Penalties and Punishment for Espionage.

Corporate espionage penalties