shall, except as provided in subsection (b), be fined under this title or imprisoned not more than 10 years, or both.
18 U.S.C. § 1832
AMENDMENTS2016-Subsec. (b). Pub. L. 114-153 substituted "the greater of $5,000,000 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 "$5,000,000". 2012-Subsec. (a). Pub. L. 112-236 substituted "a product or service used in or intended for use in" for "or included in a product that is produced for or placed in" in introductory provisions.
REPORT ON THEFT OF TRADE SECRETS OCCURRING ABROAD Pub. L. 114-153, §4, May 11, 2016, 130 Stat. 382, which requires biannual reports on the theft of trade secrets of United States companies occurring outside of the United States, was editorially reclassified as sectionof Title 34, Crime Control and Law Enforcement.
- trade secret
- the term "trade secret" means all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if-(A) the owner thereof has taken reasonable measures to keep such information secret; and(B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information;