Losing National Defense Information

(a) Base Offense Level: (1) 18, if top secret information was lost; or (2) 13, otherwise. §§2M3.6 – 2M3.8 Commentary Statutory Provision: 18 U.S.C. § 793(f). Application Note: 1. See Commentary to §2M3.1. Background: Offenses prosecuted under this statute generally do not involve subversive conduct on behalf of a foreign power, but rather the loss of classified information by the gross negligence of an employee of the federal government or a federal contractor. Historical Note Effective November 1, 1987.