18 U.S.C. § 2384 — Seditious conspiracy

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 Repealed.]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—Pub. L. 103–322 inserted ‘‘under this title but’’ before ‘‘not less than $10,000’’. § 2382. Misprision of treason Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both. (June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 3 (Mar. 4, 1909, ch. 321, § 3, 35 Stat. 1088). Mandatory punishment provision was rephrased in the alternative. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 2383. Rebellion or insurrection Whoever incites, sets on foot, assists, or en- gages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States. (June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 4 (Mar. 4, 1909, ch. 321, § 4, 35 Stat. 1088). Word ‘‘moreover’’ was deleted as surplusage and minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. § 2384. Seditious conspiracy If two or more persons in any State or Terri- tory, 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 execu- tion 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 im- prisoned not more than twenty years, or both. (June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, § 1, 70 Stat. 623; Pub. L. 103–322, title XXXIII, § 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 6 (Mar. 4, 1909, ch. 321, § 6, 35 Stat. 1089). Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $20,000’’. 1956—Act July 24, 1956, substituted ‘‘$20,000’’ for ‘‘$5,000’’, and ‘‘twenty years’’ for ‘‘six years’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1956 AMENDMENT Act July 24, 1956, ch. 678, § 3, 70 Stat. 624, provided that: ‘‘The foregoing amendments [amending this sec- tion and section 2385 of this title] shall apply only with respect to offenses committed on and after the date of the enactment of this Act [July 24, 1956].’’ § 2385. Advocating overthrow of Government Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity,