Comment This section deals with reckless mishandling of national defense information in substantially the same manner as does existing law, under 18 U.S.C. § 793 (c) (d) and (e) and other Title 18 provisions addressed to communication with reason to believe the conduct may injure the United States. This section also eliminates the need for special provisions on restricted data under the Atomic Energy Act and provisions dealing with military and diplomatic codes. See 42 U.S.C. § 2274; 18 U.S.C. §§ 798, 952. § 1115. Mishandling Classified Information. A public servant is guilty of a Class C felony if he intentionally communicates classified information to an agent or representative of a foreign government or to an officer or member of an organization defined in 50 U.S.C. § 782 (5) (communist organizations). "Classified information" means information the dissemination of which has been restricted by the President for reasons of national security. Comment This section brings the provisions of 50 U.S.C. § 783 (b) into Title 18. The draft continues existing law in requiring proof only of intentional communication of classified information by a public servant to a foreign nation or the proscribed organization. No defense of faulty classification is provided. An alternative provision, prohibiting communication of classified information by anyone, together with a defense of inappropriate classification, has been considered. No need for a change from current policy to a broader prohibition, long rejected by the Congress, appears to have been established. § 1116. Prohibited Recipients Obtaining Information. An agent or representative of a foreign government or an officer or member of an organization defined in 50 U.S.C. § 782(5) (communist organizations) is guilty of a Class C felony if he: (a) knowingly obtains classified information, as defined in section 1115; or (b) solicits another to violate section 1114 or section 1115. Comment This section is the counterpart of § 1114 for certain recipients of sensitive information and provides Class C felony treatment of such persons when they solicit violations of §§ 1114 and 1115. § 1117. Wartime Censorship of Communications. A person is guilty of a Class C felony if, in time of declared war and in violation of a statute of the United States, or regulation, rule or order issued pursuant thereto, he: (a) knowingly communicates or attempts to communicate with the enemy or an ally of the enemy; (b) knowingly evades or attempts to evade submission to censorship of any communication passing or intended to pass between the United States and a foreign nation; (c) uses any code or device with intent to conceal from censorship the meaning of a communication described in paragraphs (a) and (b); or (d) uses any mode of communication knowing it is prohibited by such statute or regulation, rule or order issued pursuant thereto. Comment This section brings into the Code the wartime censorship provisions of the Trading With the Enemy Act (50 U.S.C. App. §3(c) and (d)). § 1118. Harboring or Concealing National Security Offenders. A person is guilty of a Class C felony if he knowingly harbors or conceals another who has committed or is about to commit treason (section 1101), sabotage (section 1106), espionage (section 1113), or murder of the President or Vice President (section 1601). Comment This section is derived from 18 U.S.C. § 792, which makes it a crime to harbor or conceal those who have committed or are about to commit espionage. The draft extends coverage to traitors, saboteurs, and assassins of the President and Vice President. In its "after-the-fact" aspect, this offense overlaps the Code's prohibition against giving aid to any offender (§ 1303), but does not require proof of an intent to hinder law enforcement. See comment to § 1303, infra. In its "before-the-fact" aspect, this section, unlike the complicity provisions (§ 401) and the general offense of criminal facilitation (§ 1002), does not require that the crime the other is about to commit, or even an attempt, ultimately be committed. Thus the harborer may be subject to criminal liability when, as is possible in some situations, the person he has harbored is not. Accordingly the list of crimes included has been carefully limited. § 1119. Aiding Deserters. (1) Offense. A person is guilty of an offense if he intentionally assists a member of the armed forces of the United States to desert or attempt to desert or, knowing that a member of the armed forces has deserted, he engages in the conduct prohibited in paragraphs (a) through (d) of subsection (1) of section 1303 with intent to aid the other to avoid discovery or apprehension. (2) Grading. The offense is a Class C felony if it is committed in time of war. Otherwise it is a Class A misdemeanor. Comment This section carries forward the provisions of 18 U.S.C. § 1381, in terms of the formulation developed for hindering law enforcement under § 1303 of the proposed Code. § 1120. Aiding Escape of Prisoner of War or Enemy Alien. A person is guilty of a Class C felony if he intentionally: (a) facilitates the escape of a prisoner of war held by the United States or of a person apprehended or detained as an enemy alien by the United States; or (b) interferes with, hinders, delays or prevents the discovery or apprehension of a prisoner of war or an enemy alien who has escaped from the custody of or detention by the United States, by engaging in the conduct prohibited in paragraphs (a) through (d) of subsection (1) of section 1303. Comment This section substantially replaces 18 U.S.C. § 757, which authorizes up to ten years' imprisonment for the prohibited conduct. The reference in existing law to a prisoner of war or enemy alien held or detained by an "ally" has been deleted because the complexities involved in discriminating treatment of such cases far outweigh the need for proscription in view of the likelihood that aiding such an escape would not occur within the territorial jurisdiction of the United States. § 1121. Unlicensed Materials. Manufacture and Disposition of Vital A person is guilty of an offense if he intentionally engages in conduct prohibited or declared to be unlawful by 42 U.S.C. §§ 2077, 2122 or 2131 (relating to atomic energy) or 50 U.S.C. § 167c (relating to helium). The offense is a Class B felony if committed with intent to injure the United States or benefit a foreign power in the event of military or diplomatic confrontation with the United States. Otherwise it is a Class C felony. It is a defense to a prosecution under this section that the conduct was, in fact, authorized by statute or a regulation, rule, order or license issued or agreement made pursuant thereto. Comment This section substantially carries forward the provisions of 42 U.S.C. § 2272, which impose high penalties for violations of Atomic Energy Act provisions relating to unlicensed trafficking in and use of nuclear materials, atomic weapons, and utilization and production facilities. Comment as to disposition of other offenses related to nuclear energy may be found in the Working Papers. Also covered by this section are unlicensed sale or transfers of helium in interstate commerce after the President determines that regulation thereof is required for the defense, security and general welfare of the United States. Such sales or transfers are presently felonies under 50 U.S.C. § 167k. § 1122. Person Trained in Foreign Espionage or Sabotage. A person is guilty of a Class C felony if he knowingly: (a) fails to register with the Attorney General as required by 50 U.S.C. § 851 (relating to persons trained in a foreign espionage or sabotage system); or (b) makes a false written statement in a registration statement required by 50 U.S.C. § 851, when the statement is material and he does not believe it to be true. Comment This section brings into the Code the felony defined in 50 U.S.C. § 851. Absent this section's explicit coverage, the making of the material false statements contemplated here would only be a Class A misdemeanor under § 1352 of the proposed Code. Further consideration of the utility of these provisions, particularly in light of the self-incrimination problems they appear to pose, may lead to dropping the section. Chapter 12. Foreign Relations, Immigration and Nationality FOREIGN RELATIONS AND TRADE § 1201. Military Expeditions Against Friendly Powers. (1) Offense. A person is guilty of a Class C felony if he: (a) launches an air attack from the United States against a foreign power with which the United States is at peace; (b) organizes a military expedition assembled in the United States to engage in armed hostilities against a foreign power with which the United States is at peace; or (c) within the United States, joins or knowingly provides substantial resources or transportation from the United States to a military expedition described in paragraph (b). (2) Definitions. In this section: (a) "foreign power" means a foreign government, whether or not recognized by the United States, or a faction engaged in armed hostilities; (b) “armed hostilities" means international war or civil war, rebellion or insurrection. Comment This section, carrying forward the substance of 18 U.S.C. § 960, implements a national obligation under international law and protects neutrality. Existing law deals with both expeditions and enterprises. The proposed section continues use of the term "expedition" because of its fairly well-developed meaning under existing law, but covers the substance of "enterprise" in § 1202. Coverage of launching an air attack from the United States, whether or not more than one person is involved, is made explicit. Note that it is an offense to engage in organizational activities regardless of where such activities take place; but it is an offense to join the expedition or knowingly provide it with transportation or substantial resources only if that conduct occurs within the United States. The distinction is made in order to avoid undue interference in activities which should not concern the United States, such as joining the expedition when it is on the high seas. As under existing law, the offense is committed if the expedition is assembled in the United States with the prohibited purpose, even though it is not launched from the United States. § 1202. Conspiracy to Commit Offenses Against a Friendly Nation. A person is guilty of a Class C felony if he agrees with another to engage in conduct hostile to a friendly nation within the terri |