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18 U.S.C. § 2385 — Advocating overthrow of Government
Federal law — U.S. Code and appendices · legal_authorities
Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or
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Source file: Laws/federal/codes/united-states-code/title-18/section-2385-advocating-overthrow-of-government--633b38eb55.md
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Source location: Title 18, Chapter 115, § 2385; chapter-115-treason-sedition-and-subversive-activities.md
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Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or
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Federal law — U.S. Code and appendices · legal_authorities
The term “interstate commerce”, as used in this title, includes commerce between one State, Territory, Possession, or the District of Columbia and another State, Territory, Possession, or the District of Columbia.
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Federal law — U.S. Code and appendices · legal_authorities
If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.
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Federal law — U.S. Code and appendices · legal_authorities
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in [section 7 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section7&num=0&edition=prelim), or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.
**(b)**
(1) Subject to paragraph (2) and for purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. Any limitation on the right or privilege to operate a motor vehicle imposed under this subsection shall apply only to the special maritime and territorial jurisdiction of the United States.
(2)
(A) In addition to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol imposed under the law of a State, territory, possession, or district, the punishment for such an offense under this section shall include an additional term of imprisonment of not more than 1 year, or if serious bodily injury of a minor is caused, not more than 5 years, or if death of a minor is caused, no
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Federal law — U.S. Code and appendices · legal_authorities
The term “foreign government”, as used in this title except in sections 112, 878, 970, 1116, and 1201, includes any government, faction, or body of insurgents within a country with which the United States is at peace, irrespective of recognition by the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality—
(1) obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; or
(2) taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years; or
(3) entering, or serving in, the armed forces of a foreign state if (A) such armed forces are engaged in hostilities against the United States, or (B) such persons serve as a commissioned or non-commissioned officer; or
(4)
(A) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years if he has or acquires the nationality of such foreign state; or (B) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years for which office, post, or employment an oath, affirmation, or declaration of allegiance is required; or
(5) making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or
(6) making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General,
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Federal law — U.S. Code and appendices · legal_authorities
Page 615
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 2385
Sec.
2382.
Misprision of treason.
2383.
Rebellion or insurrection.
2384.
Seditious conspiracy.
2385.
Advocating overthrow of Government.
2386.
Registration of certain organizations.
2387.
Activities affecting armed forces generally.
2388.
Activities affecting armed forces during war.
2389.
Recruiting for service against United States.
2390.
Enlistment to serve against United States.
[2391.
Repealed.]
Editorial Notes
AMENDMENTS
1994—Pub. L. 103–322, title XXXIII, § 330004(13), Sept.
13, 1994, 108 Stat. 2142, struck out item 2391 ‘‘Temporary
extension of section 2388’’.
1953—Act June 30, 1953, ch. 175, § 5, 67 Stat. 134, added
item 2391.
§ 2381. Treason
Whoever, owing allegiance to the United
States, levies war against them or adheres to
their enemies, giving them aid and comfort
within the United States or elsewhere, is guilty
of treason and shall suffer death, or shall be im-
prisoned not less than five years and fined under
this title but not less than $10,000; and shall be
incapable of holding any office under the United
States.
(June 25, 1948, ch. 645, 62 Stat. 807; Pub. L.
103–322, title XXXIII, § 330016(2)(J), Sept. 13, 1994,
108 Stat. 2148.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., §§ 1, 2 (Mar. 4, 1909,
ch. 321, §§ 1, 2, 35 Stat. 1088).
Section consolidates sections 1 and 2 of title 18,
U.S.C., 1940 ed.
The language referring to collection of the fine was
omitted as obsolete and repugnant to the more humane
policy of modern law which does not impose criminal
consequences on the innocent.
The words ‘‘every person so convicted of treason’’
were omitted as redundant.
Minor change was made in phraseology.
Editorial Notes
AMENDMENTS
1994
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