dreamproit/uscode huggingface dataset:
18 U.S.C. § 1831 (CRIMES AND CRIMINAL PROCEDURE)
§ 1831. Economic espionage
(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 $5,000,000 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 the greater of $10,000,000 or 3 times the value of the stolen trade secret to the organization, including expenses for research and design and other costs of reproducing the trade secret that the organization has thereby avoided.
(Added Pub. L. 104–294, title I, § 101(a), Oct. 11, 1996, 110 Stat. 3488; amended Pub. L. 112–269, § 2, Jan. 14, 2013, 126 Stat. 2442.)
heading: Amendments
text: 2013—Subsec. (a). Pub. L. 112–269, § 2(a), substituted “not more than $5,000,000” for “not more than $500,000” in concluding provisions.
Subsec. (b). Pub. L. 112–269, § 2(b), substituted “not more than the greater of $10,000,000 or 3 times the value of the stolen trade secret to the organization, including expenses for research and design and other costs of reproducing the trade secret that the organization has thereby avoided” for “not more than $10,000,000”.
18 U.S.C. § 1832 (CRIMES AND CRIMINAL PROCEDURE)
§ 1832. Theft of trade secrets
(a) Whoever, with intent to convert a trade secret, that is related to a product or service used in or intended for use 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.
(Added Pub. L. 104–294, title I, § 101(a), Oct. 11, 1996, 110 Stat. 3489; amended Pub. L. 112–236, § 2, Dec. 28, 2012, 126 Stat. 1627.)
heading: Amendments
text: 2012—Subsec. (a). Pub. L. 112–236 substituted “a product or service used in or intended for use in” for “or included in a product that is produced for or placed in” in introductory provisions.
18 U.S.C. § 1833 (CRIMES AND CRIMINAL PROCEDURE)
§ 1833. Exceptions to prohibitions
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.
(Added Pub. L. 104–294, title I, § 101(a), Oct. 11, 1996, 110 Stat. 3489.)
18 U.S.C. § 1834 (CRIMES AND CRIMINAL PROCEDURE)
§ 1834. Criminal forfeiture
Forfeiture, destruction, and restitution relating to this chapter shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.
(Added Pub. L. 104–294, title I, § 101(a), Oct. 11, 1996, 110 Stat. 3489; amended Pub. L. 110–403, title II, § 207, Oct. 13, 2008, 122 Stat. 4263.)
heading: Amendments
text: 2008—Pub. L. 110–403 amended section generally. Prior to amendment, section related to forfeiture of property either derived from or used to commit a violation of this chapter.
18 U.S.C. § 1835 (CRIMES AND CRIMINAL PROCEDURE)
§ 1835. Orders to preserve confidentiality
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.
(Added Pub. L. 104–294, title I, § 101(a), Oct. 11, 1996, 110 Stat. 3490.)
heading: References in Text
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.
18 U.S.C. § 1836 (CRIMES AND CRIMINAL PROCEDURE)
§ 1836. Civil proceedings to enjoin violations
(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.
(Added Pub. L. 104–294, title I, § 101(a), Oct. 11, 1996, 110 Stat. 3490; amended Pub. L. 107–273, div. B, title IV, § 4002(e)(9), Nov. 2, 2002, 116 Stat. 1810.)
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–273, § 4002(e)(9)(A), substituted “this chapter” for “this section”.
Subsec. (b). Pub. L. 107–273, § 4002(e)(9)(B), substituted “this section” for “this subsection”.
18 U.S.C. § 1837 (CRIMES AND CRIMINAL PROCEDURE)
§ 1837. Applicability to conduct outside the United States
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.
(Added Pub. L. 104–294, title I, § 101(a), Oct. 11, 1996, 110 Stat. 3490.)
18 U.S.C. § 1838 (CRIMES AND CRIMINAL PROCEDURE)
§ 1838. Construction with other laws
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).
(Added Pub. L. 104–294, title I, § 101(a), Oct. 11, 1996, 110 Stat. 3490.)
18 U.S.C. § 1839 (CRIMES AND CRIMINAL PROCEDURE)
§ 1839. Definitions
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.
(Added Pub. L. 104–294, title I, § 101(a), Oct. 11, 1996, 110 Stat. 3490.)
18 U.S.C. § 1851 (CRIMES AND CRIMINAL PROCEDURE)
§ 1851. Coal depredations
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.
(June 25, 1948, ch. 645, 62 Stat. 787; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., §§ 103a, 103b (July 3, 1926, ch. 780, §§ 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.
heading: Amendments
text: 1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000” in first par.
18 U.S.C. § 1852 (CRIMES AND CRIMINAL PROCEDURE)
§ 1852. Timber removed or transported
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.
(June 25, 1948, ch. 645, 62 Stat. 787; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 103 (Mar. 4, 1909, ch. 321, § 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.
heading: Amendments
text: 1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000” in fourth par.
18 U.S.C. § 1853 (CRIMES AND CRIMINAL PROCEDURE)
§ 1853. Trees cut or injured
Whoever unlawfully cuts, or wantonly injures or destroys any tree growing, standing, or being upon any land of the United States which, in pursuance of law, has been reserved or purchased by the United States for any public use, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under the authority of the United States, or any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be fined under this title or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 787; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 104 (Mar. 4, 1909, ch. 321, § 50, 35 Stat. 1098; June 25, 1910, ch. 431, § 6, 36 Stat. 857).
Reference to persons aiding or procuring was deleted as unnecessary since such persons are made principals by section 2 of this title.
Maximum fine was increased from $500 to $1,000 to conform to other comparable sections of this chapter. (See sections 1851 and 1852 of this title.)
Minor changes were also made in phraseology.
heading: Amendments
text: 1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000”.
18 U.S.C. § 1854 (CRIMES AND CRIMINAL PROCEDURE)
§ 1854. Trees boxed for pitch or turpentine
Whoever cuts, chips, chops, or boxes any tree upon any lands belonging to the United States, or upon any lands covered by or embraced in any unperfected settlement, application, filing, entry, selection, or location, made under any law of the United States, for the purpose of obtaining from such tree any pitch, turpentine, or other substance; or
Whoever buys, trades for, or in any manner acquires any pitch, turpentine, or other substance, or any article or commodity made from any such pitch, turpentine, or other substance, with knowledge that the same has been so unlawfully obtained—
Shall be fined under this title or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 788; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 105 (Mar. 4, 1909, ch. 321, § 51, 35 Stat. 1098).
Reference to persons aiding, encouraging, or causing was deleted as unnecessary since such persons are made principals by section 2 of this title.
Maximum fine was increased from $500 to $1,000 to conform to other comparable sections of this chapter. (See sections 1851 and 1852 of this title.)
Minor changes also were made in phraseology.
heading: Amendments
text: 1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000” in last par.
18 U.S.C. § 1855 (CRIMES AND CRIMINAL PROCEDURE)
§ 1855. Timber set afire
Whoever, willfully and without authority, sets on fire any timber, underbrush, or grass or other inflammable material upon the public domain or upon any lands owned or leased by or under the partial, concurrent, or exclusive jurisdiction of the United States, or under contract for purchase or for the acquisition of which condemnation proceedings have been instituted, or upon any Indian reservation or lands belonging to or occupied by any tribe or group of Indians under authority of the United States, or upon any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be fined under this title or imprisoned not more than five years, or both.
This section shall not apply in the case of a fire set by an allottee in the reasonable exercise of his proprietary rights in the allotment.
(June 25, 1948, ch. 645, 62 Stat. 788; Pub. L. 100–690, title VI, § 6254(j), Nov. 18, 1988, 102 Stat. 4368.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 106 (Mar. 4, 1909, ch. 321, § 52, 35 Stat. 1098; Nov. 15, 1941, ch. 472, § 1, 55 Stat. 763).
Surplus verbiage and unnecessary enumerations were omitted.
Words “without authority” were inserted near beginning of section so as to remove any doubt as to scope or meaning of section.
Reference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title.
Minor verbal changes were made.
heading: Amendments
text: 1988—Pub. L. 100–690 substituted “under this title” for “not more than $5,000” in first par.
18 U.S.C. § 1856 (CRIMES AND CRIMINAL PROCEDURE)
§ 1856. Fires left unattended and unextinguished
Whoever, having kindled or caused to be kindled, a fire in or near any forest, timber, or other inflammable material upon any lands owned, controlled or leased by, or under the partial, concurrent, or exclusive jurisdiction of the United States, including lands under contract for purchase or for the acquisition of which condemnation proceedings have been instituted, and including any Indian reservation or lands belonging to or occupied by any tribe or group of Indians under the authority of the United States, or any Indian allotment while the title to the same is held in trust by the United States, or while the same shall remain inalienable by the allottee without the consent of the United States, leaves said fire without totally extinguishing the same, or permits or suffers said fire to burn or spread beyond his control, or leaves or suffers said fire to burn unattended, shall be fined under this title or imprisoned not more than six months, or both.
(June 25, 1948, ch. 645, 62 Stat. 788; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 107 (Mar. 4, 1909, ch. 321, § 53, 35 Stat. 1908; June 25, 1910, ch. 431, § 6, 36 Stat. 857; Nov. 15, 1941, ch. 472, § 2, 55 Stat. 764).
Words “without hard labor” which followed “six months” and preceded “or both” were omitted as unnecessary. (See reviser’s note under section 1 of this title.)
Enumeration of applicable condemnation statutes was deleted and section extended and made applicable to all lands in process of condemnation by the government. This does no violence to the intent of Congress and clarifies the section considerably.
Other changes in phraseology were made.
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $500”.
18 U.S.C. § 1857 (CRIMES AND CRIMINAL PROCEDURE)
§ 1857. Fences destroyed; livestock entering
Whoever knowingly and unlawfully breaks, opens, or destroys any gate, fence, hedge, or wall inclosing any lands of the United States reserved or purchased for any public use; or
Whoever drives any cattle, horses, hogs, or other livestock upon any such lands for the purposes of destroying the grass or trees on said lands, or where they may destroy the said grass or trees; or
Whoever knowingly permits his cattle, horses, hogs, or other livestock to enter through any such inclosure upon any such lands of the United States, where such cattle, horses, hogs, or other livestock may or can destroy the grass or trees or other property of the United States on the said lands—
Shall be fined under this title or imprisoned not more than one year, or both.
This section shall not apply to unreserved public lands.
(June 25, 1948, ch. 645, 62 Stat. 788; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 111 (Mar. 4, 1909, ch. 321, § 56, 35 Stat. 1099).
Minor changes were made in phraseology.
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $500” in fourth par.
18 U.S.C. § 1858 (CRIMES AND CRIMINAL PROCEDURE)
§ 1858. Survey marks destroyed or removed
Whoever willfully destroys, defaces, changes, or removes to another place any section corner, quarter-section corner, or meander post, on any Government line of survey, or willfully cuts down any witness tree or any tree blazed to mark the line of a Government survey, or willfully defaces, changes, or removes any monument or bench mark of any Government survey, shall be fined under this title or imprisoned not more than six months, or both.
(June 25, 1948, ch. 645, 62 Stat. 789; Pub. L. 103–322, title XXXIII, § 330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 111 (Mar. 4, 1909, ch. 321, § 57, 35 Stat. 1099).
Minor changes were made in phraseology.
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $250”.
18 U.S.C. § 1859 (CRIMES AND CRIMINAL PROCEDURE)
§ 1859. Surveys interrupted
Whoever, by threats or force, interrupts, hinders, or prevents the surveying of the public lands, or of any private land claim which has been or may be confirmed by the United States, by the persons authorized to survey the same in conformity with the instructions of the Director of the Bureau of Land Management, shall be fined under this title or imprisoned not more than three years, or both.
(June 25, 1948, ch. 645, 62 Stat. 789; May 24, 1949, ch. 139, § 42, 63 Stat. 95; Pub. L. 103–322, title XXXIII, § 330016(1)(J), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
heading: 1948 Act
text: Based on title 18, U.S.C., 1940 ed., § 112 (Mar. 4, 1909, ch. 321, § 58, 35 Stat. 1099).
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in phraseology.
heading: 1949 Act
text: This section [section 42] substitutes, in section 1859 of title 18, U.S.C., “Director of the Bureau of Land Management” for “Commissioner of the General Land Office,” in view of the abolishment of the General Land Office, and the office of Commissioner thereof, by 1946 Reorganization Plan No. 3, § 403, effective July 16, 1946 (11 F.R. 7876). Such plan consolidated the functions of the General Land Office and of the Grazing Service to form a new agency, the Bureau of Land Management, in the Department of the Interior and headed by a Director.
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $3,000”.
1949—Act May 24, 1949, substituted “Director of the Bureau of Land Management” for “Commissioner of the General Land Office”.
18 U.S.C. § 1860 (CRIMES AND CRIMINAL PROCEDURE)
§ 1860. Bids at land sales
Whoever bargains, contracts, or agrees, or attempts to bargain, contract, or agree with another that such other shall not bid upon or purchase any parcel of lands of the United States offered at public sale; or
Whoever, by intimidation, combination, or unfair management, hinders, prevents, or attempts to hinder or prevent, any person from bidding upon or purchasing any tract of land so offered for sale—
Shall be fined not more than $1,000 or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 789.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 113 (Mar. 4, 1909, ch. 321, § 59, 35 Stat. 1099).
Imprisonment provision was reduced from “two years” to “one year,” thus placing the offense in the category of misdemeanors which may be prosecuted on information. The lesser punishment seems adequate.
Minor changes were made in phraseology and arrangement.