Trump’s Executive Order effective January 1, 2019.

DEATH Penalty sections:

(c) A sentence of death may be adjudged by a court-martial for an offense under this section (article) only if the members unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors:

(1) The accused has been convicted of an- other offense involving espionage or treason for which either a sentence of death or imprisonment for life was authorized by statute.

(2) In the commission of the offense, the accused knowingly created a grave risk of substantial damage to the national security.
(3) In the commission of the offense, the accused knowingly created a grave risk of death to another person.

(4) Any other factor that may be prescribed IV-44 ¶30.c.(6)(c) Article 106a by the President by regulations under section 836 of this title (Article 36).
b. Elements.

(1) Espionage.

(a) That the accused communicated, delivered, or transmitted any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense;

( b ) That this matter was communicated , delivered, or transmitted to any foreign government, or to any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, or to any representative, officer, agent, employee, subject or citizen thereof, either directly or indirectly; and

( c ) That the accused did so with intent or reason to believe that such matter would be used to the injury of the United States or to the advantage of a foreign nation.

(2) Attempted espionage.

(a) That the accused did a certain overt act;

(b) That the act was done with the intent to commit the offense of espionage;

(c) That the act amounted to more than mere preparation; and

( d ) That the act apparently tended to bring about the offense of espionage.

(3) Espionage as a capital offense.

(a) That the accused committed espionage or attempted espionage; and

(b) That the offense directly concerned

(1) nuclear weaponry, military spacecraft or satellites, early
warning systems, or other means of defense or retaliation against large scale attack,

(2) war plans,

(3) communications intelligence or cryptographic in- formation, or

(4) any other major weapons system or major element of defense strategy

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