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1129. Elements of the Offense Under 18 U.S.C. § 1832

In order to establish a violation of 18 U.S.C. § 1832, the government must prove: (1) the defendant stole, or without authorization of the owner, obtained, destroyed or conveyed information; (2) the defendant knew this information was proprietary; (3) the information was in fact a trade secret; (4) the defendant intended to convert the trade secret to the economic benefit of anyone other than the owner; (5) the defendant knew or intended that the owner of the trade secret would be injured; and (6) the trade secret was related to or was included in a product that was produced or placed in interstate or foreign commerce. Section 1832 shares the first three elements with § 1831 and cross-reference is made to the discussion of those elements under Criminal Resource Manual 1124-1128.

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

Updated December 7, 2018