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U.S. Code as of:
01/19/04
Section 906a. Art. 106a. Espionage
(a)(1) Any person subject to this chapter who, with intent or
reason to believe that it is to be used to the injury of the United
States or to the advantage of a foreign nation, communicates,
delivers, or transmits, or attempts to communicate, deliver, or
transmit, to any entity described in paragraph (2), either directly
or indirectly, anything described in paragraph (3) shall be
punished as a court-martial may direct, except that if the accused
is found guilty of an offense that directly concerns (A) nuclear
weaponry, military spacecraft or satellites, early warning systems,
or other means of defense or retaliation against large scale
attack, (B) war plans, (C) communications intelligence or
cryptographic information, or (D) any other major weapons system or
major element of defense strategy, the accused shall be punished by
death or such other punishment as a court-martial may direct.
(2) An entity referred to in paragraph (1) is -
(A) a foreign government;
(B) a faction or party or military or naval force within a
foreign country, whether recognized or unrecognized by the United
States; or
(C) a representative, officer, agent, employee, subject, or
citizen of such a government, faction, party, or force.
(3) A thing referred to in paragraph (1) is a document, writing,
code book, signal book, sketch, photograph, photographic negative,
blueprint, plan, map, model, note, instrument, appliance, or
information relating to the national defense.
(b)(1) No person may be sentenced by court-martial to suffer
death for an offense under this section (article) unless -
(A) the members of the court-martial unanimously find at least
one of the aggravating factors set out in subsection (c); and
(B) the members unanimously determine that any extenuating or
mitigating circumstances are substantially outweighed by any
aggravating circumstances, including the aggravating factors set
out in subsection (c).
(2) Findings under this subsection may be based on -
(A) evidence introduced on the issue of guilt or innocence;
(B) evidence introduced during the sentencing proceeding; or
(C) all such evidence.
(3) The accused shall be given broad latitude to present matters
in extenuation and mitigation.
(c) A sentence of death may be adjudged by a court-martial for an
offense under this section (article) only if the members
unanimously find, beyond a reasonable doubt, one or more of the
following aggravating factors:
(1) The accused has been convicted of another offense involving
espionage or treason for which either a sentence of death or
imprisonment for life was authorized by statute.
(2) In the commission of the offense, the accused knowingly
created a grave risk of substantial damage to the national
security.
(3) In the commission of the offense, the accused knowingly
created a grave risk of death to another person.
(4) Any other factor that may be prescribed by the President by
regulations under section 836 of this title (article 36).
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