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18 U.S.C. § 1831

Section 1831 · Economic espionage

Amended 2 times on record

Applied in 40 court decisions — leading case United States v. Aleynikov (2012)

Most recently applied in United States v. Pangang Group Company, Ltd. (April 2025)

How often courts cite this section

1996200020102020202560104-294enacted · 1996 · 104-294United States v. Aleynikovleading · 2012 · United States v. Aleynikovamended · 2013 · 112-269
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) In General.—Whoever, intending or knowing that the offense will benefit any foreign government, foreign instrumentality, or foreign agent, knowingly—

(1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains a trade secret;

(2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys a trade secret;

(3) receives, buys, or possesses a trade secret, knowing the same to have been stolen or appropriated, obtained, or converted without authorization;

(4) attempts to commit any offense described in any of paragraphs (1) through (3); or

(5) conspires with one or more other persons to commit any offense described in any of paragraphs (1) through (3), and one or more of such persons do any act to effect the object of the conspiracy,

shall, except as provided in subsection (b), be fined not more than $5,000,000 or imprisoned not more than 15 years, or both.

(b) Organizations.—Any organization that commits any offense described in subsection (a) shall be fined not more than the greater of $10,000,000 or 3 times the value of the stolen trade secret to the organization, including expenses for research and design and other costs of reproducing the trade secret that the organization has thereby avoided.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Amendments

2013—Subsec. (a). Pub. L. 112–269, §2(a), substituted “not more than $5,000,000” for “not more than $500,000” in concluding provisions.

Subsec. (b). Pub. L. 112–269, §2(b), substituted “not more than the greater of $10,000,000 or 3 times the value of the stolen trade secret to the organization, including expenses for research and design and other costs of reproducing the trade secret that the organization has thereby avoided” for “not more than $10,000,000”.

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