US (United States) Code. Title 18. Chapter 115: Treason, sedition and subversive activities

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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  • País: Estados Unidos Estados Unidos
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publicidad

-CITE-

18 USC CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE

ACTIVITIES 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

.

-HEAD-

CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

-MISC1-

Sec.

2381. Treason.

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 Repealed.)

AMENDMENTS

1994 - Pub. L. 103-322, title XXXIII, Sec. 330004(13), Sept. 13,

1994, 108 Stat. 2142, struck out item 2391 ''Temporary extension of

section 2388''.

1953 - Act June 30, 1953, ch. 175, Sec. 5, 67 Stat. 134, added

item 2391.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2516 of this title; title

5 section 8312; title 8 section 1227; title 22 sections 1641k,

1642h; title 42 section 402; title 50 App. section 2017g.

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18 USC Sec. 2381 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

-HEAD-

Sec. 2381. Treason

-STATUTE-

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 imprisoned 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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 103-322, title

XXXIII, Sec. 330016(2)(J), Sept. 13, 1994, 108 Stat. 2148.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 1, 2 (Mar. 4, 1909, ch.

321, Sec. 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.

AMENDMENTS

1994 - Pub. L. 103-322 inserted ''under this title but'' before

''not less than $10,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 951, 3591, 3592 of this

title; title 5 section 8312; title 8 section 1101; title 38 section

6105; title 50 App. section 34.

-CITE-

18 USC Sec. 2382 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

-HEAD-

Sec. 2382. Misprision of treason

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 3 (Mar. 4, 1909, ch.

321, Sec. 3, 35 Stat. 1088).

Mandatory punishment provision was rephrased in the alternative.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 8312; title 8

section 1101; title 38 section 6105; title 50 App. section 34.

-CITE-

18 USC Sec. 2383 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

-HEAD-

Sec. 2383. Rebellion or insurrection

-STATUTE-

Whoever incites, sets on foot, assists, or engages 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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 4 (Mar. 4, 1909, ch.

321, Sec. 4, 35 Stat. 1088).

Word ''moreover'' was deleted as surplusage and minor changes

were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 8312; title 8

section 1481; title 38 section 6105; title 50 App. section 34.

-CITE-

18 USC Sec. 2384 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

-HEAD-

Sec. 2384. Seditious conspiracy

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, Sec.

1, 70 Stat. 623; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(N),

Sept. 13, 1994, 108 Stat. 2148.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 6 (Mar. 4, 1909, ch.

321, Sec. 6, 35 Stat. 1089).

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''.

EFFECTIVE DATE OF 1956 AMENDMENT

Section 3 of act July 24, 1956, provided that: ''The foregoing

amendments (amending this section 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).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 8312; title 8

section 1481; title 38 section 6105; title 50 App. section 34.

-CITE-

18 USC Sec. 2385 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

-HEAD-

Sec. 2385. Advocating overthrow of Government

-STATUTE-

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

Whoever, with intent to cause the overthrow or destruction of any

such government, prints, publishes, edits, issues, circulates,

sells, distributes, 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 attempts

to do so; or

Whoever organizes or helps or attempts to organize any society,

group, or assembly of persons who teach, advocate, or encourage the

overthrow or destruction of any such government by force or

violence; or becomes or is a member of, or affiliates with, any

such society, group, or assembly of persons, knowing the purposes

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 department 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 recruiting of new members, the forming of new

units, and the regrouping or expansion of existing clubs, classes,

and other units of such society, group, or assembly of persons.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, Sec.

2, 70 Stat. 623; Pub. L. 87-486, June 19, 1962, 76 Stat. 103; Pub.

L. 103-322, title XXXIII, Sec. 330016(1)(N), Sept. 13, 1994, 108

Stat. 2148.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 10, 11, 13 (June 28,

1940, ch. 439, title I, Sec. 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, Territory, 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 inserted 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 defined the term

''government in the United States'' were omitted as unnecessary.

Reference to conspiracy to commit any of the prohibited acts was

omitted as covered by the general conspiracy 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 cannot be imposed until a

conviction is secured.

The phraseology was considerably changed to effect consolidation

but without any change of substance.

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 advocating overthrow

of government and inserted provisions relating to conspiracy to

commit any offense named in this section.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 8312; title 8

section 1481; title 38 section 6105; title 50 App. section 34.

-CITE-

18 USC Sec. 2386 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

-HEAD-

Sec. 2386. Registration of certain organizations

-STATUTE-

(A) For the purposes of this section:

''Attorney General'' means the Attorney General of the United

States;

''Organization'' means any group, club, league, society,

committee, association, political party, or combination of

individuals, whether incorporated or otherwise, but such term shall

not include any corporation, association, community chest, fund, or

foundation, organized and operated exclusively for religious,

charitable, scientific, 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 overthrow 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 military activity'' if:

(1) it gives instruction to, or prescribes instruction for, its

members in the use of firearms 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 maneuvers or

activities; or

(4) it engages, either with or without arms, in drills or

parades of a military or naval character; 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 control'' if:

(a) it solicits or accepts financial contributions, loans, or

support of any kind, directly or indirectly, from, or is

affiliated directly or indirectly with, a foreign government or a

political subdivision thereof, or an agent, agency, or

instrumentality of a foreign government or political subdivision

thereof, or a political party in a foreign country, or an

international political organization; or

(b) its policies, or any of them, are determined by or at the

suggestion of, or in collaboration with, a foreign government or

political subdivision thereof, or an agent, agency, or

instrumentality of a foreign government or a political

subdivision thereof, or a political party in a foreign country,

or an international political organization.

(B)(1) The following organizations shall be required to register

with the Attorney General:

Every organization subject to foreign control which engages in

political activity;

Every organization which engages both in civilian military

activity and in political activity;

Every organization subject to foreign control which engages in

civilian military activity; and

Every organization, the purpose or aim of which, or one of the

purposes or aims of which, is the establishment, control, conduct,

seizure, or overthrow of a government or subdivision thereof by the

use of force, violence, military measures, or threats of any one or

more of the foregoing.

Every such organization shall register by filing with the

Attorney General, on such forms and in such detail as the Attorney

General may by rules and regulations prescribe, a registration

statement containing the information and documents prescribed in

subsection (B)(3) and shall within thirty days after the expiration

of each period of six months succeeding the filing of such

registration statement, file with the Attorney General, on such

forms and in such detail as the Attorney General may by rules and

regulations prescribe, a supplemental statement containing such

information and documents as may be necessary to make the

information and documents previously filed under this section

accurate and current with respect to such preceding six months'

period. Every statement required to be filed by this section shall

be subscribed, under oath, by all of the officers of the

organization.

(2) This section shall not require registration or the filing of

any statement with the Attorney General by:

(a) The armed forces of the United States; or

(b) The organized militia or National Guard of any State,

Territory, District, or possession of the United States; or

(c) Any law-enforcement agency of the United States or of any

Territory, District or possession thereof, or of any State or

political subdivision of a State, or of any agency or

instrumentality of one or more States; or

(d) Any duly established diplomatic mission or consular office of

a foreign government which is so recognized by the Department of

State; or

(e) Any nationally recognized organization of persons who are

veterans of the armed forces of the United States, or affiliates of

such organizations.

(3) Every registration statement required to be filed by any

organization shall contain the following information and documents:

(a) The name and post-office address of the organization in the

United States, and the names and addresses of all branches,

chapters, and affiliates of such organization;

(b) The name, address, and nationality of each officer, and of

each person who performs the functions of an officer, of the

organization, and of each branch, chapter, and affiliate of the

organization;

(c) The qualifications for membership in the organization;

(d) The existing and proposed aims and purposes of the

organization, and all the means by which these aims or purposes are

being attained or are to be attained;

(e) The address or addresses of meeting places of the

organization, and of each branch, chapter, or affiliate of the

organization, and the times of meetings;

(f) The name and address of each person who has contributed any

money, dues, property, or other thing of value to the organization

or to any branch, chapter, or affiliate of the organization;

(g) A detailed statement of the assets of the organization, and

of each branch, chapter, and affiliate of the organization, the

manner in which such assets were acquired, and a detailed statement

of the liabilities and income of the organization and of each

branch, chapter, and affiliate of the organization;

(h) A detailed description of the activities of the organization,

and of each chapter, branch, and affiliate of the organization;

(i) A description of the uniforms, badges, insignia, or other

means of identification prescribed by the organization, and worn or

carried by its officers or members, or any of such officers or

members;

(j) A copy of each book, pamphlet, leaflet, or other publication

or item of written, printed, or graphic matter issued or

distributed directly or indirectly by the organization, or by any

chapter, branch, or affiliate of the organization, or by any of the

members of the organization under its authority or within its

knowledge, together with the name of its author or authors and the

name and address of the publisher;

(k) A description of all firearms or other weapons owned by the

organization, or by any chapter, branch, or affiliate of the

organization, identified by the manufacturer's number thereon;

(l) In case the organization is subject to foreign control, the

manner in which it is so subject;

(m) A copy of the charter, articles of association, constitution,

bylaws, rules, regulations, agreements, resolutions, and all other

instruments relating to the organization, powers, and purposes of

the organization and to the powers of the officers of the

organization and of each chapter, branch, and affiliate of the

organization; and

(n) Such other information and documents pertinent to the

purposes of this section as the Attorney General may from time to

time require.

All statements filed under this section shall be public records

and open to public examination and inspection at all reasonable

hours under such rules and regulations as the Attorney General may

prescribe.

(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 imprisoned 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 required 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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(I), (L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 14-17 (Oct. 17, 1940,

ch. 897, Sec. 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 subject'' were

omitted as surplusage, as punishment cannot otherwise be imposed.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 612; title 50

App. section 34.

-CITE-

18 USC Sec. 2387 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

-HEAD-

Sec. 2387. Activities affecting armed forces generally

-STATUTE-

(a) Whoever, with intent to interfere with, impair, or influence

the loyalty, morale, or discipline 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, counsels, or urges insubordination,

disloyalty, mutiny, 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, Naval

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 811; May 24, 1949, ch. 139, Sec.

46, 63 Stat. 96; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L),

Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 9, 11, 13 (June 28,

1940, ch. 439, title I, Sec. 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 include the

Coast Guard Reserve in its coverage.

Words ''upon conviction thereof'' were omitted as unnecessary, as

punishment cannot be imposed until conviction is secured.

Reference to conspiracy to commit any of the prohibited acts was

omitted as covered by the general law incorporated in section 371

of this title. (See reviser's note under that section.)

Minor changes were made in arrangement and phraseology.

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 separate branch of the armed

services.

AMENDMENTS

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 applicable to

the Air Force.

-TRANS-

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 relating 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

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Coast Guard transferred to Department of Transportation 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 Department of Transportation. See section 108 of

Title 49, Transportation.

Functions of all officers of Department of the Treasury 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 employees, by Reorg. Plan No. 26, of 1950, Sec. 1, 2,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the

Appendix to Title 5, Government Organization and Employees. Such

plan excepted from transfer functions of Coast Guard and Commandant

thereof when Coast Guard is operating as a part of the Navy under

section 1 and 3 of Title 14, Coast Guard.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 8312; title 38

section 6105; title 50 App. section 34.

-CITE-

18 USC Sec. 2388 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

-HEAD-

Sec. 2388. Activities affecting armed forces during war

-STATUTE-

(a) Whoever, when the United States is at war, willfully makes or

conveys false reports or false statements with intent to interfere

with the operation 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 insubordination, 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 attempts 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 conspiracy

shall be punished as provided in said subsection (a).

(c) Whoever harbors or conceals any person who he knows, or has

reasonable grounds to believe 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 admiralty and maritime

jurisdiction of the United States, and on the high seas, as well as

within the United States.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 811; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

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, Sec. 3,

4, 5, 8, 40 Stat. 219; Mar. 3, 1921, ch. 136, 41 Stat. 1359; Mar.

28, 1940, ch. 72, Sec. 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 National Defense, are also

incorporated in sections 791, 792, and 794 of this title, to which

they relate.

Minor changes were made in phraseology.

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).

REPEALS

Section 7 of act June 30, 1953, ch. 175, 67 Stat. 134, repealed

Joint Res. July 3, 1952, ch. 570, Sec. 1(a)(29), 66 Stat. 333;

Joint Res. Mar. 31, 1953, ch. 13, Sec. 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 Appendix to Title 50, War and National Defense.

REPEAL OF EXTENSIONS OF WAR-TIME PROVISIONS

Section 6 of Joint Res. July 3, 1952, repealed 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1717 of this title; title

5 section 8312; title 38 section 6105; title 50 App. sections 19,

34.

-CITE-

18 USC Sec. 2389 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

-HEAD-

Sec. 2389. Recruiting for service against United States

-STATUTE-

Whoever recruits soldiers or sailors within the United States, or

in any place subject to the jurisdiction 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 soldiers 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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 811; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 7 (Mar. 4, 1909, ch.

321, Sec. 7, 35 Stat. 1089).

Mandatory punishment provision was rephrased in the alternative.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000'' in last par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 8312; title 38

section 6105.

-CITE-

18 USC Sec. 2390 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

-HEAD-

Sec. 2390. Enlistment to serve against United States

-STATUTE-

Whoever enlists or is engaged within the United States or in any

place subject to the jurisdiction thereof, with intent to serve in

armed hostility against the United States, shall be fined under

this title (FOOTNOTE 1) or imprisoned not more than three years, or

both.

(FOOTNOTE 1) See 1994 Amendment note below.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 812; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(B), Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 8 (Mar. 4, 1909, ch.

321, Sec. 8, 35 Stat. 1089).

Mandatory punishment provision was rephrased in the alternative.

Minor changes were made in phraseology.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 8312; title 38

section 6105.

-CITE-

18 USC Sec. 2391 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

-HEAD-

(Sec. 2391. Repealed. Pub. L. 103-322, title XXXIII, Sec.

330004(13), Sept. 13, 1994, 108 Stat. 2142)

-MISC1-

Section, added June 30, 1953, ch. 175, Sec. 6, 67 Stat. 134,

related to temporary extension of section 2388 of this title.

-CITE-