Title 50War and National DefenseRelease 119-73

§1827 Penalties

Title 50 › Chapter CHAPTER 36— - FOREIGN INTELLIGENCE SURVEILLANCE › Subchapter SUBCHAPTER II— - PHYSICAL SEARCHES › § 1827

Last updated Apr 6, 2026|Official source

Summary

Makes it a crime for someone who uses official authority to purposely carry out a physical search inside the United States to get foreign intelligence, unless a law allows it. It is also a crime to use or share information from such a physical search to obtain intelligence if the person knows or should know the search was not legally authorized. If the person was a law enforcement or investigative officer doing their official job and the search was done under a valid search warrant or court order, that is a legal defense. The penalty is a fine up to $10,000, up to five years in prison, or both. Federal courts can hear the case if the offender was a U.S. officer or employee when the act happened.

Full Legal Text

Title 50, §1827

War and National Defense — Source: USLM XML via OLRC

(a)A person is guilty of an offense if he intentionally—
(1)under color of law for the purpose of obtaining foreign intelligence information, executes a physical search within the United States except as authorized by statute; or
(2)discloses or uses information obtained under color of law by physical search within the United States, knowing or having reason to know that the information was obtained through physical search not authorized by statute, for the purpose of obtaining intelligence information.
(b)It is a defense to a prosecution under subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the physical search was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.
(c)An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.
(d)There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.

Reference

Citations & Metadata

Citation

50 U.S.C. § 1827

Title 50War and National Defense

Last Updated

Apr 6, 2026

Release point: 119-73