While I can't speak to whether or not it is written into the law, there is historical precedent on the matter. Look up Clayton Lonetree for one where the scale

While I can't speak to whether or not it is written into the law, there is historical precedent on the matter. Look up Clayton Lonetree for one where the scale was low. He was given a shorter sentence than is typical of espionage. Look up Aldrich Ames or Robert Hanssen for someone where the damage was estimated to be much greater.