18 U.S. Code § 2381 - Federal Crime of Treason
Treason is a federal offense in the U.S., outlined in Title 18 U.S. Code § 2381. It involves "levying war against the United States, or adhering to their enemies, giving them aid and comfort."
Although it's rarely prosecuted—only 40 cases in U.S. history—treason remains one of the most serious crimes against the nation.
Penalties include a minimum of 5 years in prison, fines up to $10,000, and potentially the death sentence.
Treason and sedition have specific definitions under various federal laws. Understanding these definitions is essential to understanding what a federal prosecutor needs to prove for a conviction.
Many defense attorneys are unfamiliar with treason laws and may be unable to represent a defendant charged with this federal offense. To maximize your chances of a favorable outcome, it is essential to hire a qualified federal criminal defense lawyer.
Key Takeaways
- Treason is the sole crime explicitly defined in the Constitution. According to Article III, Section 3, it states, "Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort."
- To convict someone of treason, prosecutors need to demonstrate that the defendant engaged in one of the two specified acts with the deliberate intent to betray the United States.
- A person can be convicted of treason only based on the testimony of two witnesses describing the same act or through the defendant's confession.
- Levying war against the United States involves using armed force to overthrow the government or hinder it from performing its lawful duties.
- Supporting enemies of the United States involves activities such as providing financial aid or sharing sensitive information with a country at war with the U.S.
- To be convicted of treason, a person must have committed one of these acts with the "specific intent to betray" the United States. This requires that they deliberately aimed to aid the enemy, rather than merely causing that outcome unintentionally.
What Does Section 2381 Say?
18 U.S.C. § 2381 says, "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 be imprisoned and fined, and incapable of holding any U.S. office."
What Penalties are Imposed for Treason?
The penalty for treason is strict. Treason is among the rare federal crimes that can warrant capital punishment. The least punishment for treason is 5 years in federal prison, with a maximum fine of $10,000.
How Rare Are Treason Charges?
Although accusations of treason are frequently voiced in the heated political environment, the reality is that treason charges are infrequent in America.
Out of the 40 treason cases filed since the founding of the U.S., only 13 led to convictions, and just three individuals have been executed.
Since 1956, only one person, Adam Gadahn in 2006, has been indicted for treason—he was accused of producing propaganda videos for al-Qaeda. He was killed in an airstrike before he could stand trial.
What Are the Related Federal Crimes?
Other federal crimes resemble treason but differ in elements or required intent. Treason charges have become rare in recent decades, partly because Congress enacted laws outlining more specific crimes against the U.S. than treason.
These related offenses include, but are not limited to:
- Sedition (18 U.S.C.2384) involves two or more persons conspiring to overthrow, destroy, or prevent the U.S. government or seize its property by force.
- Rebellion or insurrection (18 U.S.C. 2383) occurs when two or more individuals rise against the U.S. government or help others do so.
- Espionage (18 U.S.C. 792 - 798) involves acquiring, transmitting, or delivering national defense information to unauthorized individuals, or keeping such documents or devices with the intent to pass them to someone unauthorized.
- Advocating for the overthrow of the government (18 U.S.C. 2385) makes it illegal to promote, assist, advise, or teach the necessity, duty, or appropriateness of overthrowing the U.S. government by force or violence. Additionally, distributing printed materials that advocate such an overthrow is prohibited.
- The misprision of treason law (18 U.S.C. 2382) imposes a fine and imprisonment for failing to disclose known treason and owing allegiance to the United States.
- Activities affecting armed forces (18 U.S.C. 2387) law makes it a crime to incite insubordination among military personnel or to distribute materials promoting disloyalty to the U.S. military.
- Recruiting for service against the United States (18 U.S.C. 2389) makes it a crime to recruit soldiers or sailors to engage in armed hostility against the U.S. government is a federal crime under this statute.
Why You Need a Federal Defense Professional
Our federal criminal defense attorneys have the expertise and skills to provide you with effective legal representation, maximizing your chances of success.
Since treason is a serious charge, it is essential to have experienced legal counsel review all aspects of your case in order to craft a strong defense and safeguard your rights and freedom. The initial step is to examine all details carefully.
If evidence was obtained during the warrant execution, one might argue that the search was lawful. This is possible if the evidence was found beyond the warrant's specified scope or if it doesn't match the warrant's description.
It is advisable to consult a lawyer familiar with federal search-and-seizure warrants. Even if a federal law enforcement officer obtains a search warrant from a judge, it does not automatically render the warrant valid.
We might contend that the warrant lacked sufficient probable cause or was overly broad regarding the areas that could be searched. Contact the federal criminal lawyers at Eisner Gorin for a case evaluation.
Related Content:
If you have one phone call from jail, call us! If you are facing criminal charges,