2005 Federal Sentencing Guidelines
Chapter 2 - PART M - OFFENSES INVOLVING NATIONAL DEFENSE AND WEAPONS OF
MASS DESTRUCTION
§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.
Commentary
Statutory Provisions: 18
U.S.C. § 794; 42 U.S.C. §§ 2274(a), (b), 2275.
Application Notes:
1. "Top secret information" is information that, if disclosed,
"reasonably could be expected to cause exceptionally grave damage to the national
security." Executive Order 12356.
2. The Commission has set the base offense level in this subpart on the assumption
that the information at issue bears a significant relation to the nation’s
security, and that the revelation will significantly and adversely affect security
interests. When revelation is likely to cause little or no harm, a downward
departure may be warranted. See Chapter Five,
Part K (Departures).
3. The court may depart from the guidelines upon representation by the President
or his duly authorized designee that the imposition of a sanction other than
authorized by the guideline is necessary to protect national security or further
the objectives of the nation’s foreign policy.
Background: Offense level
distinctions in this subpart are generally based on the classification of the
information gathered or transmitted. This classification, in turn, reflects
the importance of the information to the national security.
Historical Note: Effective
November 1, 1987.