§903a Art. 103a. Espionage

Summary

Makes it a crime for anyone under military law to give, send, or try to give information about national defense to a foreign government, group, or their agents when they meant, or should have known, it would hurt the United States or help that foreign side. "Foreign" includes governments, political or military groups, and their representatives. "Information" covers things like documents, maps, photos, blueprints, codes, sketches, models, or any other material about national defense. A court-martial can punish the offender, and for the most serious secrets — for example, nuclear weapons, military spacecraft or satellites, early warning systems, war plans, communications intelligence or cryptographic material, or other major weapons or defense systems — the court may impose the death penalty or another punishment. No one can be sentenced to death unless all members of the court-martial unanimously find beyond a reasonable doubt at least one listed aggravating factor and unanimously decide that those bad factors substantially outweigh any things that might lessen punishment. The aggravating factors are: a prior espionage or treason conviction that could have carried death or life imprisonment; knowingly creating a grave risk of major harm to national security; knowingly creating a grave risk of death to someone; or any other factor the President adds by regulation. The accused may present wide-ranging evidence and arguments to lessen the sentence, and the court can use evidence from guilt or sentencing.