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CITE

    18 USC Sec. 795                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 37 - ESPIONAGE AND CENSORSHIP

HEAD

    Sec. 795. Photographing and sketching defense installations

STATUTE

      (a) Whenever, in the interests of national defense, the President
    defines certain vital military and naval installations or equipment
    as requiring protection against the general dissemination of
    information relative thereto, it shall be unlawful to make any
    photograph, sketch, picture, drawing, map, or graphical
    representation of such vital military and naval installations or
    equipment without first obtaining permission of the commanding
    officer of the military or naval post, camp, or station, or naval
    vessels, military and naval aircraft, and any separate military or
    naval command concerned, or higher authority, and promptly
    submitting the product obtained to such commanding officer or
    higher authority for censorship or such other action as he may deem
    necessary.
      (b) Whoever violates this section shall be fined under this title
    or imprisoned not more than one year, or both.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 737; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

HISTORICAL AND REVISION NOTES

      Based on sections 45 and 45c of title 50, U.S.C., 1940 ed., War
    and National Defense (Jan. 12, 1938, ch. 2, Secs. 1, 4, 52 Stat. 3,
    4).
      Section consolidated sections 45 and 45c of title 50, U.S.C.,
    1940 ed., War and National Defense.
      Minor changes were made in phraseology.
                                AMENDMENTS
      1994 - Subsec. (b). Pub. L. 103-322 substituted "fined under this
    title" for "fined not more than $1,000".

EXECUTIVE ORDER

        EX. ORD. NO. 10104. DEFINITIONS OF VITAL MILITARY AND NAVAL
                        INSTALLATIONS AND EQUIPMENT
      Ex. Ord. No. 10104, Feb. 1, 1950, 15 F.R. 597, provided:
      Now, therefore, by virtue of the authority vested in me by the
    foregoing statutory provisions, and in the interests of national
    defense, I hereby define the following as vital military and naval
    installations or equipment requiring protection against the general
    dissemination of information relative thereto:
      1. All military, naval, or air-force installations and equipment
    which are now classified, designated, or marked under the authority
    or at the direction of the President, the Secretary of Defense, the
    Secretary of the Army, the Secretary of the Navy, or the Secretary
    of the Air Force as "top secret", "secret", "confidential", or
    "restricted", and all military, naval, or air-force installations
    and equipment which may hereafter be so classified, designated, or
    marked with the approval or at the direction of the President, and
    located within:
      (a) Any military, naval, or air-force reservation, post, arsenal,
    proving ground, range, mine field, camp, base, airfield, fort,
    yard, station, district, or area.
      (b) Any defensive sea area heretofore established by Executive
    order and not subsequently discontinued by Executive order, and any
    defensive sea area hereafter established under authority of section
    2152 of title 18 of the United States Code.
      (c) Any airspace reservation heretofore or hereafter established
    under authority of section 4 of the Air Commerce Act of 1926 (44
    Stat. 570; 49 U.S.C. 174) except the airspace reservation
    established by Executive Order No. 10092 of December 17, 1949.
      (d) Any naval harbor closed to foreign vessels.
      (e) Any area required for fleet purposes.
      (f) Any commercial establishment engaged in the development or
    manufacture of classified military or naval arms, munitions,
    equipment, designs, ships, aircraft, or vessels for the United
    States Army, Navy, or Air Force.
      2. All military, naval, or air-force aircraft, weapons,
    ammunition, vehicles, ships, vessels, instruments, engines,
    manufacturing machinery, tools, devices, or any other equipment
    whatsoever, in the possession of the Army, Navy, or Air Force or in
    the course of experimentation, development, manufacture, or
    delivery for the Army, Navy, or Air Force which are now classified,
    designated, or marked under the authority or at the direction of
    the President, the Secretary of Defense, the Secretary of the Army,
    the Secretary of the Navy, or the Secretary of the Air Force as
    "top secret", "secret", "confidential", or "restricted", and all
    such articles, materials, or equipment which may hereafter be so
    classified, designated, or marked with the approval or at the
    direction of the President.
      3. All official military, naval, or air-force books, pamphlets,
    documents, reports, maps, charts, plans, designs, models, drawings,
    photographs, contracts, or specifications which are now marked
    under the authority or at the direction of the President, the
    Secretary of Defense, the Secretary of the Army, the Secretary of
    the Navy, or the Secretary of the Air Force as "top secret",
    "secret", "confidential", or "restricted", and all such articles or
    equipment which may hereafter be so marked with the approval or at
    the direction of the President.
      This order supersedes Executive Order No. 8381 of March 22, 1940,
    entitled "Defining Certain Vital Military and Naval Installations
    and Equipment."