As seen on:
1610 Southern Blvd.
West Palm Beach, FL
Board Certified Criminal Trial Specialist
The following is copied from the Federal Sentencing Guidelines. This section covers losing national defense information.
§2M3.4. Losing National Defense Information
(a)Base Offense Level:
(1)18, if top secret information was lost; or
Statutory Provisions: 18 U.S.C. § 793(f).
1.See Commentary to §2M3.1.
2.If the defendant was convicted of 18 U.S.C. § 793(d) or (e) for the willful transmission or communication of intangible information with reason to believe that it could be used to the injury of the United States or the advantage of a foreign nation, apply §2M3.2.
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.
(EFFECTIVE November 1, 2010)
United States Sentencing Commission