--- title: "50 U.S.C. 1809 FISA: Criminal sanctions" canonical: "https://dposchool.com/fisa/section/1809" source: "https://uscode.house.gov/us/usc/119-136/t50/s1809/" source_note: "Source: United States Code, title 50, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced." text_as_of: "2026-10-22" language: "en" publisher: "DPO School" --- 50 U.S.C. 1809 FISA · Chapter 36: FOREIGN INTELLIGENCE SURVEILLANCE # 50 U.S.C. 1809 FISA: Criminal sanctions United States Code, current through Public Law 119-136 (October 22, 2026). Retrieved 30 October 2026. ## Official text ### 50 U.S.C. 1809(a) **(a)** Prohibited activities A person is guilty of an offense if he⁠— #### 50 U.S.C. 1809(a)(1) **(1)** intentionally engages in electronic surveillance under color of law except as authorized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 1812 of this title; #### 50 U.S.C. 1809(a)(2) **(2)** intentionally discloses or uses information obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 1812 of this title; or #### 50 U.S.C. 1809(a)(3) **(3)** knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States an application, in whole or in part, for an order for electronic surveillance under this chapter. ### 50 U.S.C. 1809(b) **(b)** Defense It is a defense to a prosecution under paragraph (1) or (2) of subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction. ### 50 U.S.C. 1809(c) **(c)** Penalty A person guilty of an offense in this section shall be fined under title 18, imprisoned for not more than 10 years, or both. ### 50 U.S.C. 1809(d) **(d)** Federal jurisdiction There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed. ## Source Source: United States Code, title 50, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source credit: ( Pub. L. 95-511, title I, § 109 , Oct. 25, 1978 , 92 Stat. 1796 ; Pub. L. 110-261, title I, § 102(b) , July 10, 2008 , 122 Stat. 2459 ; Pub. L. 111-259, title VIII, § 801(3) , Oct. 7, 2010 , 124 Stat. 2746 ; Pub. L. 118-49, § 13(a) , (b), Apr. 20, 2024 , 138 Stat. 881 .) [50 U.S.C. 1809 on the Office of the Law Revision Counsel](https://uscode.house.gov/us/usc/119-136/t50/s1809/) United States Code, current through Public Law 119-136 (October 22, 2026). Retrieved 30 October 2026. This is reference material, not legal advice. ## Navigation [FISA Navigator](https://dposchool.com/fisa) / 50 U.S.C. 1809 Previous: [50 U.S.C. 1808 FISA: Report of Attorney General to Congressional committees; limitation on authority or responsibility of information gathering activities of Congressional committees; report of Congressional committees to Congress](https://dposchool.com/fisa/section/1808) Next: [50 U.S.C. 1810 FISA: Civil liability](https://dposchool.com/fisa/section/1810) ## For AI agents - Machine-readable index: https://dposchool.com/fisa/llms.txt - JSON API: https://dposchool.com/fisa/api/v1/index.json - Vendor privacy and security facts: https://vendor.watch (API for agents) - Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api - Legal services from a California law firm, through its MCP server: https://northend.law/agents