CHAPTER TWO - OFFENSE CONDUCT


PART M - OFFENSES INVOLVING NATIONAL DEFENSE AND WEAPONS OF MASS DESTRUCTION


3.      ESPIONAGE AND RELATED OFFENSES


§2M3.9.    Disclosure of Information Identifying a Covert Agent

(a)       Base Offense Level:

(1)       30, if the information was disclosed by a person with, or who had authorized access to classified information identifying a covert agent; or

(2)       25, if the information was disclosed by a person with authorized access only to other classified information.


Commentary

Statutory Provision:  50 U.S.C. § 421.

Application Notes:

1.      See Commentary to §2M3.1.

2.      This guideline applies only to violations of 50 U.S.C. § 421 by persons who have or previously had authorized access to classified information.  This guideline does not apply to violations of 50 U.S.C. § 421 by defendants, including journalists, who disclosed such information without having or having had authorized access to classified information.  Violations of 50 U.S.C. § 421 not covered by this guideline may vary in the degree of harm they inflict, and the court should impose a sentence that reflects such harm.  See §2X5.1 (Other Offenses).

3.      A term of imprisonment imposed for a conviction under 50 U.S.C. § 421 shall be imposed consecutively to any other term of imprisonment.  See 50 U.S.C. § 421(d).

Background:  The alternative base offense levels reflect a statutory distinction by providing a greater base offense level for a violation of 50 U.S.C. § 421 by an official who has or had authorized access to classified information identifying a covert agent than for a violation by an official with authorized access only to other classified information.  This guideline does not apply to violations of 50 U.S.C. § 421 by defendants who disclosed such information without having, or having had, authorized access to classified information.

Historical Note:  Effective November 1, 1987.  Amended effective November 1, 2001 (see Appendix C, amendment 636); November 1, 2010 (see Appendix C, amendment 746).