Ah. But we aren't in a state of declared war. Notice that folks spying for the USSR during the Cold War didn't get popped for treason.
Try again.
I am not arguing that the example mentioned meets that criteria; perhaps Sean Penn's behaviors comes closer.
Good thing you posted that sentence.
"Closer" only counts in horseshoes, hand grenades, and nuclear bombs. We were not in a state of declared war with Iraq at the time of Sean Penn's visit.