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S Based on title 18, U.S.C., 1940 ed., Secs. 420f, 420g, and 420h (Dec. 24, 1942, ch. 823, Secs. 1, 2, 3, 56 Stat. 1087). This section consolidates the offense, penalty, and definitive provisions of sections 420f, 420g, and 420h of title 18, U.S.C., 1940 ed., as subsections (a) and (b). The definition of "denture" was omitted as unnecessary in view of the phraseology of the revised section, the context of which makes clear the meaning of dentures referred to. The definition of "Territory" was omitted as unnecessary. The revised section makes clear the places included in the application of the section without the use of definitions. The definition of "Interstate Commerce" was likewise omitted as unnecessary in view of definition of interstate commerce in section 10 of this title. Changes of phraseology and arrangement were made, but without change of substance. AMENDMENTS 2002 - Pub. L. 107-273 struck out ", the Canal Zone" after "the District of Columbia" in first par. 1996 - Pub. L. 104-294 substituted "fined under this title" for "fined not more than $1,000" in last par. -End- -CITE- 18 USC CHAPTER 90 - PROTECTION OF TRADE SECRETS 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 90 - PROTECTION OF TRADE SECRETS -HEAD- CHAPTER 90 - PROTECTION OF TRADE SECRETS -MISC1- Sec. 1831. Economic espionage. 1832. Theft of trade secrets. 1833. Exceptions to prohibitions. 1834. Criminal forfeiture. 1835. Orders to preserve confidentiality. 1836. Civil proceedings to enjoin violations. 1837. Applicability to conduct outside the United States. 1838. Construction with other laws. 1839. Definitions. AMENDMENTS 2002 - Pub. L. 107-273, div. B, title IV, Sec. 4002(f)(1), Nov. 2, 2002, 116 Stat. 1811, substituted "Applicability to conduct" for "Conduct" in item 1837. -End- -CITE- 18 USC Sec. 1831 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 90 - PROTECTION OF TRADE SECRETS -HEAD- Sec. 1831. Economic espionage -STATUTE- (a) In General. - Whoever, intending or knowing that the offense will benefit any foreign government, foreign instrumentality, or foreign agent, knowingly - (1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains a trade secret; (2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys a trade secret; (3) receives, buys, or possesses a trade secret, knowing the same to have been stolen or appropriated, obtained, or converted without authorization; (4) attempts to commit any offense described in any of paragraphs (1) through (3); or (5) conspires with one or more other persons to commit any offense described in any of paragraphs (1) through (3), and one or more of such persons do any act to effect the object of the conspiracy, shall, except as provided in subsection (b), be fined not more than $500,000 or imprisoned not more than 15 years, or both. (b) Organizations. - Any organization that commits any offense described in subsection (a) shall be fined not more than $10,000,000. -SOURCE- (Added Pub. L. 104-294, title I, Sec. 101(a), Oct. 11, 1996, 110 Stat. 3488.) -End- -CITE- 18 USC Sec. 1832 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 90 - PROTECTION OF TRADE SECRETS -HEAD- Sec. 1832. Theft of trade secrets -STATUTE- (a) Whoever, with intent to convert a trade secret, that is related to or included in a product that is produced for or placed in interstate or foreign commerce, to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will, injure any owner of that trade secret, knowingly - (1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains such information; (2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys such information; (3) receives, buys, or possesses such information, knowing the same to have been stolen or appropriated, obtained, or converted without authorization; (4) attempts to commit any offense described in paragraphs (1) through (3); or (5) conspires with one or more other persons to commit any offense described in paragraphs (1) through (3), and one or more of such persons do any act to effect the object of the conspiracy, shall, except as provided in subsection (b), be fined under this title or imprisoned not more than 10 years, or both. (b) Any organization that commits any offense described in subsection (a) shall be fined not more than $5,000,000. -SOURCE- (Added Pub. L. 104-294, title I, Sec. 101(a), Oct. 11, 1996, 110 Stat. 3489.) -End- -CITE- 18 USC Sec. 1833 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 90 - PROTECTION OF TRADE SECRETS -HEAD- Sec. 1833. Exceptions to prohibitions -STATUTE- This chapter does not prohibit - (1) any otherwise lawful activity conducted by a governmental entity of the United States, a State, or a political subdivision of a State; or (2) the reporting of a suspected violation of law to any governmental entity of the United States, a State, or a political subdivision of a State, if such entity has lawful authority with respect to that violation. -SOURCE- (Added Pub. L. 104-294, title I, Sec. 101(a), Oct. 11, 1996, 110 Stat. 3489.) -End- -CITE- 18 USC Sec. 1834 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 90 - PROTECTION OF TRADE SECRETS -HEAD- Sec. 1834. Criminal forfeiture -STATUTE- (a) The court, in imposing sentence on a person for a violation of this chapter, shall order, in addition to any other sentence imposed, that the person forfeit to the United States - (1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and (2) any of the person's property used, or intended to be used, in any manner or part, to commit or facilitate the commission of such violation, if the court in its discretion so determines, taking into consideration the nature, scope, and proportionality of the use of the property in the offense. (b) Property subject to forfeiture under this section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be governed by section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except for subsections (d) and (j) of such section, which shall not apply to forfeitures under this section. -SOURCE- (Added Pub. L. 104-294, title I, Sec. 101(a), Oct. 11, 1996, 110 Stat. 3489.) -End- -CITE- 18 USC Sec. 1835 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 90 - PROTECTION OF TRADE SECRETS -HEAD- Sec. 1835. Orders to preserve confidentiality -STATUTE- In any prosecution or other proceeding under this chapter, the court shall enter such orders and take such other action as may be necessary and appropriate to preserve the confidentiality of trade secrets, consistent with the requirements of the Federal Rules of Criminal and Civil Procedure, the Federal Rules of Evidence, and all other applicable laws. An interlocutory appeal by the United States shall lie from a decision or order of a district court authorizing or directing the disclosure of any trade secret. -SOURCE- (Added Pub. L. 104-294, title I, Sec. 101(a), Oct. 11, 1996, 110 Stat. 3490.) -REFTEXT- REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in text, are set out in the Appendix to this title. The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The Federal Rules of Evidence, referred to in text, are set out in the Appendix to Title 28. -End- -CITE- 18 USC Sec. 1836 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 90 - PROTECTION OF TRADE SECRETS -HEAD- Sec. 1836. Civil proceedings to enjoin violations -STATUTE- (a) The Attorney General may, in a civil action, obtain appropriate injunctive relief against any violation of this chapter. (b) The district courts of the United States shall have exclusive original jurisdiction of civil actions under this section. -SOURCE- (Added Pub. L. 104-294, title I, Sec. 101(a), Oct. 11, 1996, 110 Stat. 3490; amended Pub. L. 107-273, div. B, title IV, Sec. 4002(e)(9), Nov. 2, 2002, 116 Stat. 1810.) -MISC1- AMENDMENTS 2002 - Subsec. (a). Pub. L. 107-273, Sec. 4002(e)(9)(A), substituted "this chapter" for "this section". Subsec. (b). Pub. L. 107-273, Sec. 4002(e)(9)(B), substituted "this section" for "this subsection". -End- -CITE- 18 USC Sec. 1837 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 90 - PROTECTION OF TRADE SECRETS -HEAD- Sec. 1837. Applicability to conduct outside the United States -STATUTE- This chapter also applies to conduct occurring outside the United States if - (1) the offender is a natural person who is a citizen or permanent resident alien of the United States, or an organization organized under the laws of the United States or a State or political subdivision thereof; or (2) an act in furtherance of the offense was committed in the United States. -SOURCE- (Added Pub. L. 104-294, title I, Sec. 101(a), Oct. 11, 1996, 110 Stat. 3490.) -End- -CITE- 18 USC Sec. 1838 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 90 - PROTECTION OF TRADE SECRETS -HEAD- Sec. 1838. Construction with other laws -STATUTE- This chapter shall not be construed to preempt or displace any other remedies, whether civil or criminal, provided by United States Federal, State, commonwealth, possession, or territory law for the misappropriation of a trade secret, or to affect the otherwise lawful disclosure of information by any Government employee under section 552 of title 5 (commonly known as the Freedom of Information Act). -SOURCE- (Added Pub. L. 104-294, title I, Sec. 101(a), Oct. 11, 1996, 110 Stat. 3490.) -End- -CITE- 18 USC Sec. 1839 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 90 - PROTECTION OF TRADE SECRETS -HEAD- Sec. 1839. Definitions -STATUTE- As used in this chapter - (1) the term "foreign instrumentality" means any agency, bureau, ministry, component, institution, association, or any legal, commercial, or business organization, corporation, firm, or entity that is substantially owned, controlled, sponsored, commanded, managed, or dominated by a foreign government; (2) the term "foreign agent" means any officer, employee, proxy, servant, delegate, or representative of a foreign government; (3) the term "trade secret" means all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if - (A) the owner thereof has taken reasonable measures to keep such information secret; and (B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, the public; and (4) the term "owner", with respect to a trade secret, means the person or entity in whom or in which rightful legal or equitable title to, or license in, the trade secret is reposed. -SOURCE- (Added Pub. L. 104-294, title I, Sec. 101(a), Oct. 11, 1996, 110 Stat. 3490.) -End- -CITE- 18 USC CHAPTER 91 - PUBLIC LANDS 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 91 - PUBLIC LANDS -HEAD- CHAPTER 91 - PUBLIC LANDS -MISC1- Sec. 1851. Coal depredations. 1852. Timber removed or transported. 1853. Trees cut or injured. 1854. Trees boxed for pitch or turpentine. 1855. Timber set afire. 1856. Fires left unattended and unextinguished. 1857. Fences destroyed; livestock entering. 1858. Survey marks destroyed or removed. 1859. Surveys interrupted. 1860. Bids at land sales. 1861. Deception of prospective purchasers. [1862. Repealed.] 1863. Trespass on national forest lands. 1864. Hazardous or injurious devices on Federal lands. AMENDMENTS 1990 - Pub. L. 101-647, title XXXV, Sec. 3554, Nov. 29, 1990, 104 Stat. 4927, struck out item 1862 "Trespass on Bull Run National Forest". 1988 - Pub. L. 100-690, title VI, Sec. 6254(g), Nov. 18, 1988, 102 Stat. 4367, added item 1864. 1949 - Act May 24, 1949, ch. 139, Sec. 41, 63 Stat. 95, substituted in analysis "1859" for "1959", and added item 1863. -End- -CITE- 18 USC Sec. 1851 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 91 - PUBLIC LANDS -HEAD- Sec. 1851. Coal depredations -STATUTE- Whoever mines or removes coal of any character, whether anthracite, bituminous, or lignite, from beds or deposits in lands of, or reserved to the United States, with intent wrongfully to appropriate, sell, or dispose of the same, shall be fined under this title or imprisoned not more than one year, or both. This section shall not interfere with any right or privilege conferred by existing laws of the United States. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 787; Pub. L. 104-294, title VI, Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Secs. 103a, 103b (July 3, 1926, ch. 780, Secs. 1, 2, 44 Stat. 891). Section consolidates sections 103a and 103b of title 18, U.S.C., 1940 ed. Words "deemed guilty of misdemeanor" were deleted as unnecessary in view of definitive section 1 of this title. (See also reviser's note under section 212 of this title.) Minor changes were made in phraseology. AMENDMENTS 1996 - Pub. L. 104-294 substituted "fined under this title" for "fined not more than $1,000" in first par. -End- -CITE- 18 USC Sec. 1852 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 91 - PUBLIC LANDS -HEAD- Sec. 1852. Timber removed or transported -STATUTE- Whoever cuts, or wantonly destroys any timber growing on the public lands of the United States; or Whoever removes any timber from said public lands, with intent to export or to dispose of the same; or Whoever, being the owner, master, pilot, operator, or consignee of any vessel, motor vehicle, or aircraft or the owner, director, or agent of any railroad, knowingly transports any timber so cut or removed from said lands, or lumber manufactured therefrom - Shall be fined under this title or imprisoned not more than one year, or both. This section shall not prevent any miner or agriculturist from clearing his land in the ordinary working of his mining claim, or in the preparation of his farm for tillage, or from taking the timber necessary to support his improvements, or the taking of timber for the use of the United States; nor shall it interfere with or take away any right or privilege under any existing law of the United States to cut or remove timber from any public lands. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 787; Pub. L. 104-294, title VI, Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 103 (Mar. 4, 1909, ch. 321, Sec. 49, 35 Stat. 1098). Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title. Words "motor vehicle or aircraft" were inserted in third paragraph to remove any doubt as to scope of section in view of rapidly advancing methods of transportation. Minor changes were made in phraseology. AMENDMENTS 1996 - Pub. L. 104-294 substituted "fined under this title" for "fined not more than $1,000" in fourth par. -End- -CITE- 18 USC Sec. 1853 01/19/04

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