§ 798B. Unauthorized access to intelligence community property

• (a) It shall be unlawful, within the jurisdiction of the United States, without authorization to willfully go upon any property—
  • (1) with intent to gather intelligence or information to the detriment of the United States; and
  • (2) while knowing that such property is—
    • (A) under the jurisdiction of an element of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ); and
    • (B) closed or restricted.
• (b) Any person who violates subsection (a) shall—
  • (1) in the case of the first offense, be fined under section 3571 of this title , imprisoned not more than 6 months, or both;
  • (2) in the case of a second offense after a prior conviction under subsection (a) has become final, be fined under this title, imprisoned not more than 2 years, or both; and
  • (3) in the case of a third or subsequent offense after a prior conviction under subsection (a) has become final, be fined under this title, imprisoned not more than 5 years, or both.