Review the example given in "Example of Sabotagee" with Mo and his computer hacking. Change the example so that before Mo damages the US Department of Defense computer system, he copies some information from different top-secret sites and sends them to operatives in an enemy nation with this message: “I have stolen this information directly from the US Department of Defense. I have also disabled their computer system, which will probably take some time to repair. Now is an excellent time to attack the United States.” He thereafter severely damages the computer system. In this example, Mo has most likely committed both sabotage and espionage. As stated in Example of Sabotage", Mo probably committed sabotage when he damaged national defense material with the specific intent or purposely to interfere with the nation’s security and defense. When Mo copied top-secret information and sent it to an enemy nation, along with informing the nation that the US Department of Defense computer system was disabled, he gathered and transmitted information with the specific intent or purposely that it be used to injure the United States. Thus Mo has probably committed both sabotage and espionage and may be subject to prosecution for and conviction of these offenses.
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Crime |
Criminal Actor Harm |
Criminal Intent |
Attendant Circumstance(s) |
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Treason* |
Levy war, or give aid and comfort to enemies |
Most likely, general intent or knowingly to levy war, specific intent or purposely to betray the United States with aid and comfort |
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Sedition |
Advocating or printing matter that advocates the forceful or violent overthrow of the US government |
General intent or knowingly to advocate, specific intent or purposely when printing matter that advocates the forceful or violent overthrow of the US government |
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Sabotage |
Varies: either destroying, damaging, or producing defective property that impedes US defense capabilities |
Varies: specific intent or purposely, general intent or knowingly or negligently |
Certain conduct must take place during war or a national emergency |
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Espionage |
Spying |
Varies: either general intent or knowingly, or specific intent or purposely that information will be transmitted to the enemy |
Certain conduct must take place during war |
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*Includesthe evidentiary requirement of the testimony of two witnesses or the defendant’s confession in open court |
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KEY TAKEAWAYS
- The criminal act element required for treason is levying war against the United States or adhering to the enemy by giving the enemy aid and comfort. The criminal intent element required for treason is most likely the general intent or knowingly to commit an act of levying war, or the specific intent or purposely to betray the United States by giving aid and comfort to enemies. Treason also has the constitutional evidentiary requirement that two witnesses corroborate the acts of treason or that the defendant confess in open court. Treason is graded as a felony.
- The criminal act element required for sedition is advocating, aiding, teaching, organizing, or printing, publishing, or circulating written matter that advocates, aids, or teaches the overthrow of the US government by force or violence. The criminal intent element required for sedition is the general intent o r knowingly to advocate, aid, teach, or organize or the specific intent or purposely to print, publish, or circulate written matter that advocates, aids, or teaches the forceful or violent government overthrow. Sedition is graded as a felony.
- The criminal act and harm elements required for sabotage vary but are generally damaging, destroying, or producing defective property that impedes the US national defense or ability to participate in or prepare for war. The criminal intent element required for sabotage also varies but is either specific intent or purposely, general intent or knowingly, or negligent intent, depending on the criminal act. Some forms of sabotage require the attendant circumstance that the conduct occurs during wartime or a national emergency. Sabotage is graded as a felony.
- Espionage is spying (criminal act) with general intent or knowingly, or the specific intent or purposely to transmit information to another nation. Some forms of espionage require the attendant circumstance that the conduct occurs during wartime. Espionage is graded as a felony.
EXERCISES
Answer the following questions. Check your answers using the answer key at the end of the chapter.
- Stephanie stands in front of a mosque and advocates for the overthrow of the US government. Is Stephanie committing sedition? Why or why not?
- Read U.S. v. Kabat, 797 Fed.2d 580 (1986). Did the US Court of Appeals for the Eighth Circuit uphold the defendants’ convictions for sabotage when, as nuclear protestors, they intentionally damaged US missiles? Why or why not? The case is available at this link: http://scholar.google.com/scholar_case?case=5276967647790252481&q= sabotage+%222155%22&hl=en&as_sdt=2,5&as_ylo=1992.
- Read In re Squillacote, 790 A.2d 514 (2002). Did the District of Columbia Court of Appeals hold that conspiracy to commit espionage and attempted espionage are crimes of moral turpitudethat could support the defendant’s disbarment? The case is available at this link: http://scholar.google.com/scholar_case?case=8408409521873710428&q=espionage+%22793%22&hl=en&as_sdt=2,5&as_ylo=2000.
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