50 USC 3122 – Defenses and exceptions
(a) Disclosure by United States of identity of covert agent
It is a defense to a prosecution under section 3121 of this title that before the commission of the offense with which the defendant is charged, the United States had publicly acknowledged or revealed the intelligence relationship to the United States of the individual the disclosure of whose intelligence relationship to the United States is the basis for the prosecution.
(b) Conspiracy, misprision of felony, aiding and abetting, etc.
Terms Used In 50 USC 3122
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- foreign intelligence: means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities. See 50 USC 3003
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- intelligence: includes foreign intelligence and counterintelligence. See 50 USC 3003
(1) Subject to paragraph (2), no person other than a person committing an offense under section 3121 of this title shall be subject to prosecution under such section by virtue of section 2 or 4 of title 18 or shall be subject to prosecution for conspiracy to commit an offense under such section.
(2) Paragraph (1) shall not apply (A) in the case of a person who acted in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, or (B) in the case of a person who has authorized access to classified information.
(c) Disclosure to select congressional committees on intelligence
It shall not be an offense under section 3121 of this title to transmit information described in such section directly to either congressional intelligence committee.
(d) Disclosure by agent of own identity
It shall not be an offense under section 3121 of this title for an individual to disclose information that solely identifies himself as a covert agent.