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Published online by Cambridge University Press: 05 June 2012
United States Code Title 18 – Crimes And Criminal Procedure Part II – Criminal Procedure Chapter 90 – Protection Of Trade Secrets
Cite as the “Economic Espionage Act of 1996”
Sec.
1831. Economic espionage.
1832. Theft of trade secrets.
1833. Exceptions to prohibitions.
1834. Criminal forfeiture.
1835. Orders to preserve confidentiality.
1836. Civil proceedings to enjoin violations.
1837. Conduct outside the United States.
1838. Construction with other laws.
1839. Definitions.
§ 1831. Economic espionage
In General – Whoever, intending or knowing that the offense will benefit any foreign government, foreign instrumentality, or foreign agent, knowingly –
steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains a trade secret:
without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys a trade secret:
receives, buys, or possesses a trade secret, knowing the same to have been stolen or appropriated, obtained, or converted without authorization:
attempts to commit any offense described in any of paragraphs (1) through (3); or
conspires with one or more other persons to commit any offense described in any of paragraphs (1) through (4), and one or more of such persons do any act to effect the object of conspiracy.
shall, except as provided in subsection (b), be fined not more than $500,000 or imprisoned not more than 15 years, or both.
Organizations – Any organization that commits any offense described in subsection (a) shall be fined not more than $10,000,000.
§ 1832. Theft of trade secrets
Whoever, with intent to convert a trade secret, that is related to or included in a product that is produced for or placed in interstate or foreign commerce, to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will, injure any owner of that trade secret, knowingly –
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