Communication, delivery or transmittal of object or information to foreign government or entity.

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1. Any person subject to this Code who, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, directly or indirectly communicates, delivers or transmits, or attempts to communicate, deliver or transmit, any object or information to any entity shall be punished as a court-martial may direct.

2. A person accused pursuant to this section must be given broad latitude to present matters in extenuation and mitigation.

3. Findings made pursuant to this section may be based on evidence introduced on the issue of guilt or innocence, and evidence introduced during the sentencing proceeding.

4. As used in this section:

(a) "Entity" means:

(1) A foreign government;

(2) A faction, party or military or naval force within a foreign country, whether recognized or unrecognized by the United States; or

(3) A representative, officer, agent, employee, subject or citizen of a government, faction, party or force that is described in subparagraph (1) or (2).

(b) "Object or information" includes, without limitation, a document, writing, code book, signal book, sketch, photograph, photolineart negative, blueprint, plan, map, model, note, instrument, appliance or other information relating to national defense.

(Added to NRS by 2013, 1104)


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