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Title 50, War and National DefenseRelease 119-110

§1827 Penalties

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

Last updated Sep 22, 2026|Official source

Summary

It is a crime to use supposed legal authority to make a physical search inside the United States to get foreign intelligence when the search is not allowed by law. It is also a crime to use or share information from such an unauthorized search if you knew or had reason to know it was illegal. A law enforcement or investigative officer is not guilty if the search was done under a valid warrant or court order. Punishment is a fine up to $10,000, up to five years in prison, or both. If the person was a U.S. officer or employee at the time, federal courts can prosecute.

Full Legal Text

Title 50, §1827

War and National Defense, Source: USLM XML via OLRC

(a)Prohibited activities
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)Defense
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)Fine or imprisonment
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)Federal jurisdiction
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 50, War and National Defense

Last Updated

Sep 22, 2026

Release point: 119-110