1124. Elements of the Offense Under 18 U.S.C. § 1831

In order to establish a violation of 18 U.S.C. § 1831, 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; and (4) the defendant knew the offense would benefit or was intended to benefit a foreign government, foreign instrumentality, or foreign agent.

[cited in Criminal Resource Manual 1129; JM 9-59.100]