United States of America

Economic Espionage Act of 1996, 18 U.S.C. §§ 1831 et seq.

Page 415 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1832

(5) the term ‘‘under circumstances in which that individual has a reasonable expectation of privacy’’ means—

(A) circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the indi- vidual was being captured; or

(B) circumstances in which a reasonable person would believe that a private area of the individual would not be visible to the public, regardless of whether that person is in a public or private place.

(c) This section does not prohibit any lawful law enforcement, correctional, or intelligence activity.

(Added Pub. L. 108–495, § 2(a), Dec. 23, 2004, 118 Stat. 3999.)

SHORT TITLE OF 2004 AMENDMENT

Pub. L. 108–495, § 1, Dec. 23, 2004, 118 Stat. 3999, pro-

vided that: ‘‘This Act [enacting this chapter] may be

cited as the ‘Video Voyeurism Prevention Act of 2004’.’’

CHAPTER 89—PROFESSIONS AND OCCUPATIONS

Sec.

1821. Transportation of dentures.

§ 1821. Transportation of dentures

Whoever transports by mail or otherwise to or within the District of Columbia or any Posses- sion of the United States or uses the mails or any instrumentality of interstate commerce for the purpose of sending or bringing into any State or Territory any set of artificial teeth or prosthetic dental appliance or other denture, constructed from any cast or impression made by any person other than, or without the au- thorization or prescription of, a person licensed to practice dentistry under the laws of the place into which such denture is sent or brought, where such laws prohibit;

(1) the taking of impressions or casts of the human mouth or teeth by a person not li- censed under such laws to practice dentistry;

(2) the construction or supply of dentures by a person other than, or without the authoriza- tion or prescription of, a person licensed under such laws to practice dentistry; or

(3) the construction or supply of dentures from impressions or casts made by a person not licensed under such laws to practice den- tistry—

Shall be fined under this title or imprisoned not more than one year, or both.

(June 25, 1948, ch. 645, 62 Stat. 786; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107–273, div. B, title IV, § 4004(c), Nov. 2, 2002, 116 Stat. 1812.)

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., §§ 420f, 420g, and

420h (Dec. 24, 1942, ch. 823, §§ 1, 2, 3, 56 Stat. 1087). This section consolidates the offense, penalty, and de-

finitive 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 unneces-

sary in view of the phraseology of the revised section,

the context of which makes clear the meaning of den-

tures referred to.

The definition of ‘‘Territory’’ was omitted as unnec-

essary. The revised section makes clear the places in-

cluded in the application of the section without the use

of definitions.

The definition of ‘‘Interstate Commerce’’ was like-

wise 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.

CHAPTER 90—PROTECTION OF TRADE SECRETS

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, § 4002(f)(1), Nov.

2, 2002, 116 Stat. 1811, substituted ‘‘Applicability to con-

duct’’ for ‘‘Conduct’’ in item 1837.

§ 1831. Economic espionage

(a) IN GENERAL.—Whoever, intending or know- ing that the offense will benefit any foreign gov- ernment, foreign instrumentality, or foreign agent, knowingly—

(1) steals, or without authorization appro- priates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains a trade se- cret;

(2) without authorization copies, duplicates, sketches, draws, photographs, downloads, up- loads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, commu- nicates, or conveys a trade secret;

(3) receives, buys, or possesses a trade secret, knowing the same to have been stolen or ap- propriated, obtained, or converted without au- thorization;

(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.

(Added Pub. L. 104–294, title I, § 101(a), Oct. 11, 1996, 110 Stat. 3488.)

§ 1832. Theft of trade secrets

(a) Whoever, with intent to convert a trade se- cret, that is related to or included in a product

Page 416TITLE 18—CRIMES AND CRIMINAL PROCEDURE§ 1833

that is produced for or placed in interstate or foreign commerce, to the economic benefit of anyone other than the owner thereof, and in- tending or knowing that the offense will, injure any owner of that trade secret, knowingly—

(1) steals, or without authorization appro- priates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains such infor- mation;

(2) without authorization copies, duplicates, sketches, draws, photographs, downloads, up- loads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, commu- nicates, or conveys such information;

(3) receives, buys, or possesses such informa- tion, 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 per- sons do any act to effect the object of the con- spiracy,

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.)

§ 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.)

§ 1834. Criminal forfeiture

Forfeiture, destruction, and restitution relat- ing 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.)

AMENDMENTS

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.

§ 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 require- ments of the Federal Rules of Criminal and Civil Procedure, the Federal Rules of Evidence, and all other applicable laws. An interlocutory ap- peal by the United States shall lie from a deci- sion 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.)

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.

§ 1836. Civil proceedings to enjoin violations

(a) The Attorney General may, in a civil ac- tion, 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.)

AMENDMENTS

2002—Subsec. (a). Pub. L. 107–273, § 4002(e)(9)(A), sub-

stituted ‘‘this chapter’’ for ‘‘this section’’.

Subsec. (b). Pub. L. 107–273, § 4002(e)(9)(B), substituted

‘‘this section’’ for ‘‘this subsection’’.

§ 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.)

§ 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 in- formation 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.)

§ 1839. Definitions

As used in this chapter— (1) the term ‘‘foreign instrumentality’’

means any agency, bureau, ministry, compo- nent, institution, association, or any legal,

Page 417 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1841

commercial, or business organization, corpora- tion, firm, or entity that is substantially owned, controlled, sponsored, commanded, managed, or dominated by a foreign govern- ment;

(2) the term ‘‘foreign agent’’ means any offi- cer, employee, proxy, servant, delegate, or rep- resentative of a foreign government;

(3) the term ‘‘trade secret’’ means all forms and types of financial, business, scientific, technical, economic, or engineering informa- tion, including patterns, plans, compilations, program devices, formulas, designs, proto- types, methods, techniques, processes, proce- dures, programs, or codes, whether tangible or intangible, and whether or how stored, com- piled, or memorialized physically, electroni- cally, 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.)

CHAPTER 90A—PROTECTION OF UNBORN CHILDREN

Sec.

1841. Protection of unborn children.

§ 1841. Protection of unborn children

(a)(1) Whoever engages in conduct that vio- lates any of the provisions of law listed in sub- section (b) and thereby causes the death of, or bodily injury (as defined in section 1365) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section.

(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate of- fense is the same as the punishment provided under Federal law for that conduct had that in- jury or death occurred to the unborn child’s mother.

(B) An offense under this section does not re- quire proof that—

(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was preg- nant; or

(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child.

(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A), be pun- ished as provided under sections 1111, 1112, and 1113 of this title for intentionally killing or at- tempting to kill a human being.

(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section.

(b) The provisions referred to in subsection (a) are the following:

(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title.

(2) Section 408(e) of the Controlled Sub- stances Act of 1970 (21 U.S.C. 848(e)).

(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283).

(c) Nothing in this section shall be construed to permit the prosecution—

(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;

(2) of any person for any medical treatment of the pregnant woman or her unborn child; or

(3) of any woman with respect to her unborn child.

(d) As used in this section, the term ‘‘unborn child’’ means a child in utero, and the term ‘‘child in utero’’ or ‘‘child, who is in utero’’ means a member of the species homo sapiens, at any stage of development, who is carried in the womb.

(Added Pub. L. 108–212, § 2(a), Apr. 1, 2004, 118 Stat. 568.)

REFERENCES IN TEXT

Section 202 of the Atomic Energy Act of 1954 (42

U.S.C. 2283), referred to in subsec. (b)(3), probably

means section 235 of the Atomic Energy Act of 1954, act

Aug. 1, 1946, ch. 724, title I, as added by Pub. L. 96–295,

title II, § 202(a), June 30, 1980, 94 Stat. 786, which is clas-

sified to section 2283 of Title 42, The Public Health and

Welfare. Section 202 of the Atomic Energy Act of 1954,

which related to the authority of the Joint Committee

on Atomic Energy, was classified to section 2252 of

Title 42 and was repealed by act of Aug. 1, 1946, ch. 724,

title I, § 302(a), as added Aug. 30, 1954, ch. 1073, § 1, as

added Sept. 20, 1977, Pub. L. 95–110, § 1, 91 Stat. 884; re-

numbered title I, Oct. 24, 1992, Pub. L. 102–486, title IX,

§ 902(a)(8), 106 Stat. 2944.

SHORT TITLE OF 2004 AMENDMENT

Pub. L. 108–212, § 1, Apr. 1, 2004, 118 Stat. 568, provided

that: ‘‘This Act [enacting this chapter and section 919a

of Title 10, Armed Forces] may be cited as the ‘Unborn

Victims of Violence Act of 2004’ or ‘Laci and Conner’s

Law’.’’

CHAPTER 91—PUBLIC LANDS

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.