§798B. Unauthorized access to intelligence community property

(a) Prohibited Activity.-It shall be unlawful, within the jurisdiction of the United States, without authorization to willfully go upon any property-

(1) with intent to gather intelligence or information to the detriment of the United States; and

(2) while knowing that such property is-

(A) under the jurisdiction of an element of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)); and

(B) closed or restricted.

(b) Penalties.-Any person who violates subsection (a) shall-

(1) in the case of the first offense, be fined under section 3571 of this title, imprisoned not more than 6 months, or both;

(2) in the case of a second offense after a prior conviction under subsection (a) has become final, be fined under this title, imprisoned not more than 2 years, or both; and

(3) in the case of a third or subsequent offense after a prior conviction under subsection (a) has become final, be fined under this title, imprisoned not more than 5 years, or both.

(Added Pub. L. 119–60, div. F, title LXIII, §6304, Dec. 18, 2025, 139 Stat. 1611 .)