Title 50 — War and National Defense
Chapter 36 — Foreign Intelligence Surveillance
§ 1809. Criminal sanctions
Statutory text
Prohibited activities
A person is guilty of an offense if he—
intentionally engages in electronic surveillance under color of law except as authorized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 1812 of this title;
intentionally discloses or uses information obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 1812 of this title; or
knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States an application, in whole or in part, for an order for electronic surveillance under this chapter.
Defense
It is a defense to a prosecution under paragraph (1) or (2) of subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.
Penalty
A person guilty of an offense in this section shall be fined under title 18, imprisoned for not more than 10 years, or both.
Federal jurisdiction
There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Foreign Intelligence Surveillance Act of 1978
Pub. L. 95–511 title I § 109 · 92 Stat. 1783
Enacted · 50 U.S.C. § 1809
Pub. L. 95–511, title I, § 109, Oct. 25, 1978, 92 Stat. 1796
Source evidence
Code source credit
Pub. L. 95–511, title I, § 109, Oct. 25, 1978, 92 Stat. 1796Enacted provision · exact public law section
Sec. 109. penalties (a) Offense.— A person is guilty of an offense if he intentionally— (1) engages in electronic surveillance under color of law except as authorized by statute; or (2) discloses or uses information obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by statute. (b) Defense.— It is a defense to a prosecution under subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction. (c) Penalty.— An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both. (d) Jurisdiction.— There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008
Pub. L. 110–261 title I § 102(b) · 122 Stat. 2436
Substituted · 50 U.S.C. § 1809(a)
Pub. L. 110–261 substituted “authorized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 1812 of this title.” for “authorized by statute” in pars. (1) and (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–261 substituted “authorized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 1812 of this title.” for “authorized by statute” in pars. (1) and (2).Enacted provision · exact public law section
(b) Offense.— Section 109(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1809(a)) is amended by striking “authorized by statute” each place it appears and inserting “authorized by this Act, chapter 119, 121, or 206 of title 18, United States Code, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 112.”; andEffective date note
Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.Intelligence Authorization Act for Fiscal Year 2010
Pub. L. 111–259 § 801(3)(A) · 124 Stat. 2654
Substituted · 50 U.S.C. § 1809(a)(1)
Pub. L. 111–259, § 801(3)(A), substituted “section 1812 of this title;” for “section 1812 of this title.;”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 111–259, § 801(3)(A), substituted “section 1812 of this title;” for “section 1812 of this title.;”.Enacted provision · exact public law section
(A) in paragraph (1), by striking “section 112.;” and inserting “section 112;”; andIntelligence Authorization Act for Fiscal Year 2010
Pub. L. 111–259 § 801(3)(B) · 124 Stat. 2654
Substituted · 50 U.S.C. § 1809(a)(2)
Pub. L. 111–259, § 801(3)(B), substituted “title.” for “title..”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 111–259, § 801(3)(B), substituted “title.” for “title..”Enacted provision · exact public law section
(B) in paragraph (2), by striking the second period;Pub. L. 118–49 § 13(a)(1)(A) · 138 Stat. 881
Struck · 50 U.S.C. § 1809(a)
Pub. L. 118–49, § 13(a)(1)(A), struck out “intentionally” after “if he” in introductory provisions
Unresolved: Pub. L. 118–49 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a). Pub. L. 118–49, § 13(a)(1)(A), struck out “intentionally” after “if he” in introductory provisions.Pub. L. 118–49 § 13(a)(1)(B)(ii) · 138 Stat. 881
Substituted · 50 U.S.C. § 1809(a)(1)
Pub. L. 118–49, § 13(a)(1)(B)(ii), which directed the substitution of a semicolon for “; or”, could not be executed because the word “or” did not appear
Unresolved: Pub. L. 118–49 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 118–49, § 13(a)(1)(B)(ii), which directed the substitution of a semicolon for “; or”, could not be executed because the word “or” did not appear.Pub. L. 118–49 § 13(a)(1)(B)(i) · 138 Stat. 881
Inserted · 50 U.S.C. § 1809(a)(1)
Pub. L. 118–49, § 13(a)(1)(B)(i), inserted “intentionally” before “engages in”
Unresolved: Pub. L. 118–49 was not found in the local Statutes at Large index.
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 118–49, § 13(a)(1)(B)(i), inserted “intentionally” before “engages in”.Pub. L. 118–49 § 13(a)(1)(C)(i) · 138 Stat. 881
Substituted · 50 U.S.C. § 1809(a)(2)
Pub. L. 118–49, § 13(a)(1)(C)(i), which directed the substitution of “intentionally discloses” for “disclose”, was executed by making the substitution for “discloses” to reflect the probable intent of Congress
Unresolved: Pub. L. 118–49 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 118–49, § 13(a)(1)(C)(i), which directed the substitution of “intentionally discloses” for “disclose”, was executed by making the substitution for “discloses” to reflect the probable intent of Congress.Pub. L. 118–49 § 13(a)(1)(C)(ii) · 138 Stat. 881
Added · 50 U.S.C. § 1809(a)(3)
Pub. L. 118–49, § 13(a)(1)(C)(ii), (D), added par. (3)
Unresolved: Pub. L. 118–49 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 118–49, § 13(a)(1)(C)(ii), (D), added par. (3).Pub. L. 118–49 § 13(a)(2) · 138 Stat. 881
Substituted · 50 U.S.C. § 1809(b)
Pub. L. 118–49, § 13(a)(2), substituted “under paragraph (1) or (2) of subsection (a)” for “under subsection (a)”
Unresolved: Pub. L. 118–49 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b). Pub. L. 118–49, § 13(a)(2), substituted “under paragraph (1) or (2) of subsection (a)” for “under subsection (a)”.Pub. L. 118–49 § 13(b) · 138 Stat. 881
Amended · 50 U.S.C. § 1809(c)
Pub. L. 118–49, § 13(b), amended subsec. (c) generally. Prior to amendment, text read as follows: “An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.”
Unresolved: Pub. L. 118–49 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c). Pub. L. 118–49, § 13(b), amended subsec. (c) generally. Prior to amendment, text read as follows: “An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.”
4 of 11 references resolved to an enrolled provision · 7 unresolved
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 95–511, , 92 Stat. 1783, known as the Foreign Intelligence Surveillance Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
Amendments2008–2024 · 3 rounds
2024
Subsec. (a). Pub. L. 118–49, § 13(a)(1)(A), struck out “intentionally” after “if he” in introductory provisions.
Subsec. (a)(1). Pub. L. 118–49, § 13(a)(1)(B)(ii), which directed the substitution of a semicolon for “; or”, could not be executed because the word “or” did not appear.
Pub. L. 118–49, § 13(a)(1)(B)(i), inserted “intentionally” before “engages in”.
Subsec. (a)(2). Pub. L. 118–49, § 13(a)(1)(C)(i), which directed the substitution of “intentionally discloses” for “disclose”, was executed by making the substitution for “discloses” to reflect the probable intent of Congress.
Subsec. (a)(3). Pub. L. 118–49, § 13(a)(1)(C)(ii), (D), added par. (3).
Subsec. (b). Pub. L. 118–49, § 13(a)(2), substituted “under paragraph (1) or (2) of subsection (a)” for “under subsection (a)”.
Subsec. (c). Pub. L. 118–49, § 13(b), amended subsec. (c) generally. Prior to amendment, text read as follows: “An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.”
2010
Subsec. (a)(1). Pub. L. 111–259, § 801(3)(A), substituted “section 1812 of this title;” for “section 1812 of this title.;”.
Subsec. (a)(2). Pub. L. 111–259, § 801(3)(B), substituted “title.” for “title..”
2008
Subsec. (a). Pub. L. 110–261 substituted “authorized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 1812 of this title.” for “authorized by statute” in pars. (1) and (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–261 effective , except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.
Credits
1978–2024 · 4 acts
- 1978Pub. L. 95–511, title I, § 109, , 92 Stat. 1796
- 2008Pub. L. 110–261, title I, § 102(b), , 122 Stat. 2459
- 2010Pub. L. 111–259, title VIII, § 801(3), , 124 Stat. 2746
- 2024Pub. L. 118–49, § 13(a), (b), , 138 Stat. 881.
Show as published
(Pub. L. 95–511, title I, § 109, , 92 Stat. 1796; Pub. L. 110–261, title I, § 102(b), , 122 Stat. 2459; Pub. L. 111–259, title VIII, § 801(3), , 124 Stat. 2746; Pub. L. 118–49, § 13(a), (b), , 138 Stat. 881.)