Any act of rebellion or insurrection against the United States government constitutes a serious federal crime, punishable by substantial jail time and fines. The severity of these penalties, as outlined under Title 18 U.S. Code 2383, serves as a stark reminder of the consequences of such actions and the need to respect the law.
This law, in no uncertain terms, makes it illegal to incite, assist, or participate in a rebellion or insurrection against the laws of the United States and the authority of the United States. Its severity underscores the gravity of the situation and the need for strict adherence to the law.
While peaceful protests are legal and are protected by the Constitution, violence and destruction are not. This clear distinction is crucial, as it reassures individuals of their rights and underscores the consequences of illegal behavior, providing a sense of security in the legal system and the protection of their rights.
It's important to note that 18 U.S. Code § 2383 insurrection and rebellion charges are rarely filed by the United States Department of Justice (DOJ). This rarity, however, does not diminish the seriousness of the offense; rather, it reflects the careful consideration of First Amendment rights, highlighting the weight of the law's application and providing a clear understanding of the legal context.
What is an Example?
Recall the events at the U.S. Capitol building on January 6, 2021, when a group stormed a government building to disrupt Congress's formal certification of presidential election results. This violent act, which resulted in the deaths of several individuals and significant damage to the Capitol, is a clear example of the type of behavior that constitutes insurrection under U.S. law.
They broke windows, destroyed government property, and were aggressive against federal law enforcement officers. Other potential charges tied to the storming of the Capitol include:
- Trespassing in a federal building,
- Disorderly conduct,
- Obstructing a law enforcement officer,
- Unlawful entry of restricted buildings or grounds, and
- Theft of public money, property, or records.
18 U.S.C. 2383 says, "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."
The phrase 'gives aid or comfort' is a legal term that encompasses any form of support, whether financial, logistical, or moral, that contributes to the success of a rebellion or insurrection. Being convicted under this law could land you up to 10 years in federal prison. Let's review this federal law further below.
Insurrection and Seditious Conspiracy
Insurrection refers to acts of violence, but it's not the only charge that could apply. Seditious conspiracy, for example, is an effort to overthrow the United States government. Seditious conspiracy involves a plan or agreement to use force to overthrow the government, hinder the execution of any law, or seize property.
People can be charged with sedition and conspiracy even if they never carry out the planned violence. Rebellion or insurrection is a federal offense that criminalizes inciting, engaging in, or giving aid and comfort to any rebellion or insurrection against the authority of the United States or its laws.
However, it's important to note that there are potential defenses against these charges, such as self-defense, lack of intent, or lack of knowledge. Understanding these defenses is crucial for a comprehensive understanding of the law.
As noted, while actual acts of rebellion and insurrection are rare, this law has sparked new interest in the wake of the January 6 riots at the U.S. Capitol, as speculation arose about whether any of the protesters, including President Trump himself, would be charged with rebellion and insurrection.
While the term "insurrection" is not explicitly defined by federal law, courts and legal scholars generally interpret it as a violent uprising or organized resistance against the government or its regulations. Insurrection often involves acts intended to overthrow, disrupt, or challenge the authority of the United States or impede the enforcement of federal laws.
What Is Considered a Rebellion?
Similar to the term "insurrection," the term "rebellion" is not explicitly defined. Still, in legal contexts, rebellion is generally understood as an organized, armed, and often violent resistance or opposition to established government authority or its laws.
Rebellion typically connotes a more widespread and coordinated effort than insurrection, aiming to overthrow or undermine the existing governmental structure. To prove a violation of U.S.C. 2383, the federal prosecution must establish the following elements:
- The defendant knowingly incited, engaged in, or gave aid and comfort to a rebellion or insurrection.
- The rebellion or insurrection was against the authority of the United States or its laws.
- The defendant's actions were willful and intentional.
What Are Related Federal Offenses?
18 U.S. Code Chapter 115 Treason, Sedition, and Subversive Activities has several related federal statutes, including the following:
- 18 U.S.C. 2381 - Treason,
- 18 U.S.C. 2382 - Misprision of treason,
- 18 U.S.C. 2383 - Rebellion or insurrection,
- 18 U.S.C. 2384 - Seditious conspiracies,
- 18 U.S.C. 2385 - Advocating the overthrow of Government,
- 18 U.S.C. 2386 - Registration of certain organizations,
- 18 U.S.C. 2387 - Activities affecting armed forces generally,
- 18 U.S.C. 2388 - Activities affecting armed forces during war,
- 18 U.S.C. 2389 - Recruiting for service against the United States,
- 18 U.S.C. 2390 - Enlistment to serve against the United States.
What Are the Penalties?
A conviction under 18 U.S.C. 2383 carries severe consequences. If you are found guilty of acts of insurrection or rebellion against the U.S. government, you could face the following:
- Imprisonment for up to 10 years; and
- A fine of up to $250,000 as determined by the court.
In addition, regardless of other penalties, a conviction under 18 U.S.C. 2383 permanently disqualifies you from holding any government office in the United States.
What Are the Possible Defenses?
If you are accused of violating 18 U.S.C. 2383, our experienced federal criminal defense attorney can help you identify potential defenses and build a solid legal strategy, as discussed below.
Perhaps we can argue that there was a lack of intent. The federal prosecution must prove that your actions were willful and intentional. Showing that you lacked specific intent to incite or engage in a rebellion or insurrection could be a viable defense.
Perhaps we can argue First Amendment protection. In some cases, your actions may be protected under the First Amendment's guarantee of free speech. However, the First Amendment does not protect speech that incites imminent lawless action.
Perhaps we can argue that there was no insurrection or rebellion. Your attorney may argue that even if your actions violated other federal laws, they did not meet the generally accepted definitions of rebellion or insurrection. For more information, contact Eisner Gorin LLP, located in Los Angeles, California.
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