The scattering cross section and the Doppler spectrum for electromagnetic waves scattered by the electron density fluctuations of a plasma, where the mean kinetic temperature of the electronsT e may differ from that of the ionsT i , has been obtained among others byFejer, Buneman, Renau, Camnitz andFlood, andSalpeter. These authors use different methods of approach to calculate the autocovariance of the electron number-density fluctuations (from the mean) and then obtain the scattering cross section. Because of the differing results, the methods, concepts, and derivations of the scattering cross section are carefully examined in this paper. It is shown that the short-time dynamical considerations incorporated in the formulation of the statistical theory of the electron number-density fluctuations of the plasma as used by several authors (for instanceFejer, Buneman, Salpeter,) leads to results of limited validity. In addition, a fundamental error in calculating the electron density fluctuations leads these latter authors to an incorrect scattering cross section. The theory of scattering of electromagnetic waves from a plasma, where the electrons arenot in thermal equilibrium with the ions but statistical equilibrium exists, is developed in a general way. The covariance of the number-density fluctuations from the mean of the charged species of the plasma and the scattering cross sectionσ(q) are obtained. In particular it is shown that for a wavelength λ much greater than the effective Debye lengthd, the backscattering cross section increases and approaches complete incoherent scattering asT e /T i increases. This result is explained by noting that in the case of thermal equilibrium, the predicted value of the back-scattering cross section is smaller than that of the backscattering cross section from completely uncorrelated electron density fluctuations because the electrostatic interaction between the charged particles of the plasma, which is a function ofT e andT i , introduces a certain amount of organization in otherwise completely uncorrelated electron density fluctuations. When the mean temperature of the electrons increases relative to that of the ions, the organization introduced in the fluctuations diminishes because of the increasing thermal agitation of the electrons relative to that of the ions, and the backscattering process approaches that of incoherent backscattering (Thomson-type scattering). The spectrum function of incoherent scattering of electromagnetic waves from a nonequilibrium plasma is obtained and some cases of current interest are plotted.