18 U.S.C. § 2385 — Advocating overthrow of Government

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 Repealed.]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, Page 616 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2386 desirability, or propriety of overthrowing or de- stroying 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 vio- lence, or by the assassination of any officer of any such government; or Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distrib- utes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or at- tempts to do so; or Whoever organizes or helps or attempts to or- ganize any society, group, or assembly of per- sons who teach, advocate, or encourage the overthrow or destruction of any such govern- ment by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the pur- poses thereof— Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction. If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any depart- ment or agency thereof, for the five years next following his conviction. As used in this section, the terms ‘‘organizes’’ and ‘‘organize’’, with respect to any society, group, or assembly of persons, include the re- cruiting of new members, the forming of new units, and the regrouping or expansion of exist- ing clubs, classes, and other units of such soci- ety, group, or assembly of persons. (June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, § 2, 70 Stat. 623; Pub. L. 87–486, June 19, 1962, 76 Stat. 103; 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., §§ 10, 11, 13 (June 28, 1940, ch. 439, title I, §§ 2, 3, 5, 54 Stat. 670, 671). Section consolidates sections 10, 11, and 13 of title 18, U.S.C., 1940 ed. Section 13 of title 18, U.S.C., 1940 ed., which contained the punishment provisions applicable to sections 10 and 11 of title 18, U.S.C., 1940 ed., was combined with section 11 of title 18, U.S.C., 1940 ed., and added to this section. In first paragraph, words ‘‘the Government of the United States or the government of any State, Terri- tory, District or possession thereof, or the government of any political subdivision therein’’ were substituted for ‘‘any government in the United States’’. In second and third paragraphs, word ‘‘such’’ was in- serted after ‘‘any’’ and before ‘‘government’’, and words ‘‘in the United States’’ which followed ‘‘government’’ were omitted. In view of these changes, the provisions of subsection (b) of section 10 of title 18, U.S.C., 1940 ed., which de- fined the term ‘‘government in the United States’’ were omitted as unnecessary. Reference to conspiracy to commit any of the prohib- ited acts was omitted as covered by the general con- spiracy provision, incorporated in section 371 of this title. (See reviser’s note under that section.) Words ‘‘upon conviction thereof’’ which preceded ‘‘be fined’’ were omitted as surplusage, as punishment can- not be imposed until a conviction is secured. The phraseology was considerably changed to effect consolidation but without any change of substance. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $20,000’’ in fourth and fifth pars. 1962—Pub. L. 87–486 defined the terms ‘‘organizes’’ and ‘‘organize’’. 1956—Act July 24, 1956, substituted ‘‘$20,000’’ for ‘‘$10,000’’, and ‘‘twenty years’’ for ‘‘ten years’’ in the paragraph prescribing penalties applicable to advo- cating overthrow of government and inserted provi- sions relating to conspiracy to commit any offense named in this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act July 24, 1956, as applicable only with respect to offenses committed on and after July 24, 1956, see section 3 of act July 24, 1956, set out as a note under section 2384 of this title. § 2386. Registration of certain organizations (A) For the purposes of this section: ‘‘Attorney General’’ means the Attorney Gen- eral of the United States; ‘‘Organization’’ means any group, club, league, society, committee, association, political party, or combination of individuals, whether incor- porated or otherwise, but such term shall not in- clude any corporation, association, community chest, fund, or foundation, organized and oper- ated exclusively for religious, charitable, sci- entific, literary, or educational purposes; ‘‘Political activity’’ means any activity the purpose or aim of which, or one of the purposes or aims of which, is the control by force or over- throw of the Government of the United States or a political subdivision thereof, or any State or political subdivision thereof; An organization is engaged in ‘‘civilian mili- tary activity’’ if: (1) it gives instruction to, or prescribes in- struction for, its members in the use of fire- arms or other weapons or any substitute therefor, or military or naval science; or (2) it receives from any other organization or from any individual instruction in military or naval science; or (3) it engages in any military or naval ma- neuvers or activities; or (4) it engages, either with or without arms, in drills or parades of a military or naval char- acter; or (5) it engages in any other form of organized activity which in the opinion of the Attorney General constitutes preparation for military action; An organization is ‘‘subject to foreign con- trol’’ if: (a) it solicits or accepts financial contribu- tions, loans, or support of any kind, directly or indirectly, from, or is affiliated directly or indirectly with, a foreign government or a po- litical subdivision thereof, or an agent, agen-