18 U.S.C. § 2388 — Activities affecting armed forces during

Page 618 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2387 (C) The Attorney General is authorized at any time to make, amend, and rescind such rules and regulations as may be necessary to carry out this section, including rules and regulations governing the statements required to be filed. (D) Whoever violates any of the provisions of this section shall be fined under this title or im- prisoned not more than five years, or both. Whoever in a statement filed pursuant to this section willfully makes any false statement or willfully omits to state any fact which is re- quired to be stated, or which is necessary to make the statements made not misleading, shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103–322, title XXXIII, § 330016(1)(I), (L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 14–17 (Oct. 17, 1940, ch. 897, §§ 1–4, 54 Stat. 1201–1204). Section consolidates sections 14–17 of title 18, U.S.C., 1940 ed., as subsections (a), (b), (c), and (d), respectively, of this section, with necessary changes of phraseology and translation of section references. Words ‘‘upon conviction’’ which preceded ‘‘be sub- ject’’ were omitted as surplusage, as punishment can- not otherwise be imposed. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ in penultimate par. and for ‘‘fined not more than $2,000’’ in last par. § 2387. Activities affecting armed forces generally (a) Whoever, with intent to interfere with, im- pair, or influence the loyalty, morale, or dis- cipline of the military or naval forces of the United States: (1) advises, counsels, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States; or (2) distributes or attempts to distribute any written or printed matter which advises, coun- sels, or urges insubordination, disloyalty, mu- tiny, or refusal of duty by any member of the military or naval forces of the United States— Shall be fined under this title or imprisoned not more than ten 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. (b) For the purposes of this section, the term ‘‘military or naval forces of the United States’’ includes the Army of the United States, the Navy, Air Force, Marine Corps, Coast Guard, Navy Reserve, Marine Corps Reserve, and Coast Guard Reserve of the United States; and, when any merchant vessel is commissioned in the Navy or is in the service of the Army or the Navy, includes the master, officers, and crew of such vessel. (June 25, 1948, ch. 645, 62 Stat. 811; May 24, 1949, ch. 139, § 46, 63 Stat. 96; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 109–163, div. A, title V, § 515(f)(2), Jan. 6, 2006, 119 Stat. 3236.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., §§ 9, 11, 13 (June 28, 1940, ch. 439, title I, §§ 1, 3, 5, 54 Stat. 670, 671). Section consolidates sections 9, 11, and 13 of title 18, U.S.C., 1940 ed., with only such changes of phraseology as were necessary to effect consolidation. The revised section extends the provisions so as to in- clude the Coast Guard Reserve in its coverage. Words ‘‘upon conviction thereof’’ were omitted as un- necessary, as punishment cannot be imposed until con- viction is secured. Reference to conspiracy to commit any of the prohib- ited acts was omitted as covered by the general law in- corporated in section 371 of this title. (See reviser’s note under that section.) Minor changes were made in arrangement and phrase- ology. 1949 ACT This section [section 46] inserts the words, ‘‘Air Force,’’ in subsection (b) of section 2387 of title 18, U.S.C., in view of the establishment in 1947 of this sepa- rate branch of the armed services. Editorial Notes AMENDMENTS 2006—Subsec. (b). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ in last par. 1949—Subsec. (b). Act May 24, 1949, made section ap- plicable to the Air Force. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Coast Guard transferred to Department of Transpor- tation and functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, which created Depart- ment of Transportation. See section 108 of Title 49, Transportation. Executive Documents TRANSFER OF FUNCTIONS Functions of all officers of Department of the Treas- ury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and em- ployees, by Reorg. Plan No. 26, of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appen- dix to Title 5, Government Organization and Employ- ees. Such plan excepted from transfer functions of Coast Guard and Commandant thereof when Coast Guard is operating as a part of the Navy under former sections 1 and 3 (now 101 and 103) of Title 14, Coast Guard. § 2388. Activities affecting armed forces during war (a) Whoever, when the United States is at war, willfully makes or conveys false reports or false Page 619 TITLE 18—CRIMES AND CRIMINAL PROCEDURE [§ 2391 1 See 1994 Amendment note below. statements with intent to interfere with the op- eration or success of the military or naval forces of the United States or to promote the success of its enemies; or Whoever, when the United States is at war, willfully causes or attempts to cause insubor- dination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or willfully obstructs the recruiting or enlistment service of the United States, to the injury of the service or the United States, or at- tempts to do so— Shall be fined under this title or imprisoned not more than twenty years, or both. (b) If two or more persons conspire to violate subsection (a) of this section and one or more such persons do any act to effect the object of the conspiracy, each of the parties to such con- spiracy shall be punished as provided in said subsection (a). (c) Whoever harbors or conceals any person who he knows, or has reasonable grounds to be- lieve or suspect, has committed, or is about to commit, an offense under this section, shall be fined under this title or imprisoned not more than ten years, or both. (d) This section shall apply within the admi- ralty and maritime jurisdiction of the United States, and on the high seas, as well as within the United States. (June 25, 1948, ch. 645, 62 Stat. 811; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on sections 33, 34, 35, 37 of title 50, U.S.C., 1940 ed., War and National Defense (June 15, 1917, ch. 30, title I, §§ 3, 4, 5, 8, 40 Stat. 219; Mar. 3, 1921, ch. 136, 41 Stat. 1359; Mar. 28, 1940, ch. 72, § 2, 54 Stat. 79). Sections 33, 34, 35, and 37 of title 50, U.S.C., 1940 ed., War and National Defense, were consolidated. Sections 34, 35, and 37 of title 50, U.S.C., 1940 ed., War and Na- tional Defense, are also incorporated in sections 791, 792, and 794 of this title, to which they relate. 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’’ in last par. of subsec. (a) and in subsec. (c). Statutory Notes and Related Subsidiaries REPEALS Act June 30, 1953, ch. 175, § 7, 67 Stat. 134, repealed Joint Res. July 3, 1952, ch. 570, § 1(a)(29), 66 Stat. 333; Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, which had provided that this section should continue in force until six months after the termination of the National emergency proclaimed by 1950 Proc. No. 2914, which is set out as a note preceding section 1 of Title 50, War and National Defense. REPEAL OF EXTENSIONS OF WAR-TIME PROVISIONS Joint Res. July 3, 1952, ch. 570, § 6, 66 Stat. 334, re- pealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54, as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96. Intermediate extensions by Joint Res. June 14, 1952, ch. 437, 66 Stat. 137, and Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until July 3, 1952, expired by their own terms. § 2389. Recruiting for service against United States Whoever recruits soldiers or sailors within the United States, or in any place subject to the ju- risdiction thereof, to engage in armed hostility against the same; or Whoever opens within the United States, or in any place subject to the jurisdiction thereof, a recruiting station for the enlistment of such sol- diers or sailors to serve in any manner in armed hostility against the United States— Shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 811; 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., § 7 (Mar. 4, 1909, ch. 321, § 7, 35 Stat. 1089). Mandatory punishment provision was rephrased in the alternative. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in last par. § 2390. Enlistment to serve against United States Whoever enlists or is engaged within the United States or in any place subject to the ju- risdiction thereof, with intent to serve in armed hostility against the United States, shall be fined under this title 1 or imprisoned not more than three years, or both. (June 25, 1948, ch. 645, 62 Stat. 812; Pub. L. 103–322, title XXXIII, § 330016(1)(B), Sept. 13, 1994, 108 Stat. 2146.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 8 (Mar. 4, 1909, ch. 321, § 8, 35 Stat. 1089). Mandatory punishment provision was rephrased in the alternative. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, which directed the amendment of this section by striking ‘‘fined not more than $100’’ and inserting ‘‘fined under this title’’, was executed by substituting ‘‘fined under this title’’ for ‘‘fined $100’’, to reflect the probable intent of Congress. [§ 2391. Repealed. Pub. L. 103–322, title XXXIII, § 330004(13), Sept. 13, 1994, 108 Stat. 2142] Section, added June 30, 1953, ch. 175, § 6, 67 Stat. 134, related to temporary extension of section 2388 of this title. CHAPTER 117—TRANSPORTATION FOR ILLE- GAL SEXUAL ACTIVITY AND RELATED CRIMES Sec. 2421. Transportation generally. 2421A. Promotion or facilitation of prostitution and reckless disregard of sex trafficking.