§ 1809. Criminal sanctions

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.

1. 1978

   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. 1796

   Enacted 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.

2. 2008

   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.”; and

   Effective 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.

3. 2010

   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;”; and

4. 2010

   Intelligence 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;

5. 2024

   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.

6. 2024

   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.

7. 2024

   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”.

8. 2024

   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.

9. 2024

   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).

10. 2024

    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)”.

11. 2024

    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