1126. 18 U.S.C. § 1831 Element Two—The Defendant Knew the Information Was Proprietary
Section 1831 contains two distinct mental state requirements. The first of these is that the defendant's misappropriation was done "knowingly." Thus, the government must show that the defendant knew or had a firm belief that the information he or she was taking was proprietary. 142 Cong. Rec. at S12213 (daily ed. Oct. 2, 1996). Generally, under criminal statutes covering the theft of tangible property, the government must prove that the thief knew that the object he stole was property that he had no lawful right to convert to his personal use. Applying this same principle to this statute, in order for the defendant to be convicted, the government must establish that the defendant was aware or substantially certain that he was misappropriating a trade secret. Thus, a person who takes a trade secret because of ignorance, mistake or accident cannot be prosecuted under § 1831. The legislative history goes on to suggest that:
Id.
[cited in Criminal Resource Manual 1131; JM 9-59.100]