STATUTORY AUTHORITY AND DEFINITIONS

 
8. Under 18 U.S.C. § 793(e), "[w]hoever having unauthorized possession of, access
to, or control over any document ... or information relating to the national defense which
information the possessor has reason to believe could be used to the injury of the United States or
to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted" or attempts to do or causes the same "to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it" shall be fined or imprisoned not more than ten years, or
both.

[The "or"'s are critical. The last one is for willful retention, what I presume applies here.]