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18 U.S.C. § 1832 Element Two—The Defendant Knew the Information Was Proprietary

The statute contains three distinct mental state requirements. The first of these is identical to that under § 1831 which is set forth in Criminal Resource Manual 1126. In general, the government must prove that the defendant's misappropriation was done "knowingly."

[updated May 1999] [cited in USAM 9-59.100]