2011 FEDERAL SENTENCING GUIDELINES MANUAL
CHAPTER TWO - OFFENSE CONDUCT
PART M - OFFENSES INVOLVING NATIONAL DEFENSE AND WEAPONS OF MASS DESTRUCTION
3. ESPIONAGE AND RELATED OFFENSES
§2M3.4. Losing National Defense Information
(a) Base Offense Level:
(1) 18, if top secret information was lost; or
(2) 13, otherwise.
Commentary
Statutory Provision: 18 U.S.C. § 793(f).
Application Note:
1. See Commentary to §2M3.1.
Background: Offenses prosecuted under this statute generally do not involve subversive conduct on behalf of a foreign power, but rather the loss of classified information by the gross negligence of an employee of the federal government or a federal contractor.
Historical Note: Effective November 1, 1987.