Criminal Law

Espionage and Related Offenses - Offenses Involving National Defense and Weapons of Mass Destruction

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§2M2.1GUIDELINES MANUALNovember 1, 2005

1. Violations of 42 U.S.C. § 2284 are included in this section where the defendant was convicted of acting with intent to injure the United States or aid a foreign nation.

Historical Note:: Effective November 1, 1987. Amended effective November 1, 1993 (see Appendix C, amendment 481); November 1, 2002 (see Appendix C, amendment 637).

§2M2.2. [Deleted]


Historical Note:: Section 2M2.2 (Production of Defective War Material, Premises, or Utilities), effective November 1, 1987, was deleted by consolidation with §2M2.1 effective November 1, 1993 (see Appendix C, amendment 481).

§2M2.3. Destruction of, or Production of Defective, National Defense Material, Premises, or Utilities

(a) Base Offense Level: 26

Commentary

Statutory Provisions: 18 U.S.C. §§ 2155, 2156; 42 U.S.C. § 2284; 49 U.S.C. § 60123(b).

Application Note:

1. Violations of 42 U.S.C. § 2284 not included in §2M2.1 are included in this section.

Historical Note:: Effective November 1, 1987. Amended effective November 1, 1993 (see Appendix C, amendment 481); November 1, 2002 (see Appendix C, amendment 637).

§2M2.4. [Deleted]


Historical Note:: Section 2M2.4 (Production of Defective National Defense Material, Premises, or Utilities), effective November 1, 1987, was deleted by consolidation with §2M2.3 effective November 1, 1993 (see Appendix C, amendment 481).

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3. ESPIONAGE AND RELATED OFFENSES

§2M3.1. Gathering or Transmitting National Defense Information to Aid a Foreign Government

(a) Base Offense Level:

(1) 42, if top secret information was gathered or transmitted; or

(2) 37, otherwise.

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