§ 1831

Economic espionage

Up to 15 years Espionage & National Security None sentenced (FY2025) Ch. 90 · Protection of Trade Secrets

Official text prohibited actmental stateif conditionpenaltylegal term

(a) In General. Whoever, intending or knowing that the offense will benefit any foreign government, foreign instrumentality, or foreign agent, knowingly—

(1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains a trade secret;

(2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys a trade secret;

(3) receives, buys, or possesses a trade secret, knowing the same to have been stolen or appropriated, obtained, or converted without authorization;

(4) to commit any offense described in any of paragraphs (1) through (3); or

(5) with one or more other persons to commit any offense described in any of paragraphs (1) through (3), and one or more of such persons do any act to effect the object of the ,

shall, except as provided in subsection (b), be fined not more than $5,000,000 or imprisoned not more than 15 years, or both.

(b) Organizations. Any organization that commits any offense described in subsection (a) shall be fined not more than the greater of $10,000,000 or 3 times the value of the stolen trade secret to the organization, including expenses for research and design and other costs of reproducing the trade secret that the organization has thereby avoided.

History: (Added Pub. L. 104–294, title I, §101(a), Oct. 11, 1996, 110 Stat. 3488; amended Pub. L. 112–269, §2, Jan. 14, 2013, 126 Stat. 2442.)

Simplified explanation

It is a federal crime to steal, copy, send, receive, or possess a trade secret (valuable confidential business information) without permission, when the person intends or knows it will benefit a foreign government or foreign agent. Attempts and conspiracies are also covered.