18 U.S. Code § 793(f) - Gathering, Transmitting or Losing Defense Information provides (my emphasis in red):
"Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—
Shall be fined under this title or imprisoned not more than ten years, or both."
Yesterday, as reported by NBC News in an articled entitled "Hillary Clinton Emails Held Info Beyond Top Secret: IG" by Ken Dilanian:
"Emails from Hillary Clinton's home server contained information classified at levels higher than previously known, including a level meant to protect some of the most sensitive U.S. intelligence, according to a document obtained by NBC News.
In a letter to lawmakers, the intelligence community's internal watchdog says some of Clinton's emails contained information classified Top Secret/Special Access Program, a secrecy designation that includes some of the most closely held U.S. intelligence matters.
Two American intelligence officials tell NBC News these are not the same two emails from Clinton's server that have long been reported as containing information deemed Top Secret."
How does Hillary avoid indictment? She doesn't.