Title 50 — War and National Defense
Chapter 36 — Foreign Intelligence Surveillance
§ 1827. Penalties
Statutory text
Prohibited activities
A person is guilty of an offense if he intentionally—
under color of law for the purpose of obtaining foreign intelligence information, executes a physical search within the United States except as authorized by statute; or
discloses or uses information obtained under color of law by physical search within the United States, knowing or having reason to know that the information was obtained through physical search not authorized by statute, for the purpose of obtaining intelligence information.
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 physical search was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.
Fine or imprisonment
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.
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 III § 307 · 92 Stat. 1783
Enacted · 50 U.S.C. § 1827
(Pub. L. 95–511, title III, § 307, as added Pub. L. 103–359, title VIII, § 807(a)(3), Oct. 14, 1994, 108 Stat. 3452.)
Source evidence
Code source credit
(Pub. L. 95–511, title III, § 307, as added Pub. L. 103–359, title VIII, § 807(a)(3), Oct. 14, 1994, 108 Stat. 3452.)
0 of 1 references resolved to an enrolled provision · 1 partial
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 90 days after , with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.
Credits
(Pub. L. 95–511, title III, § 307, as added Pub. L. 103–359, title VIII, § 807(a)(3), , 108 Stat. 3452.)