I think it is a huge assumption to think this is the statute that applies to Biden. We only know the documents were classified, we do not know they pertained to national defense. This is the statute being used in the Trump case but at this point in the Biden case I think this is the more appropriate statute.
18 U.S. Code § 1924 - Unauthorized removal and retention of classified documents or material
U.S. Code
Notes
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(a)Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than five years, or both.