Federal Treason Law - 18 U.S. Code § 2381
Treason is a federal offense in the U.S., outlined in Title 18 U.S. Code § 2381. It is defined as "levying war against the United States, or adhering to their enemies, giving them aid and comfort."
Although seldom prosecuted, only 40 treason cases have occurred in U.S. history. Nevertheless, treason remains one of the most serious crimes against the country, with penalties including a minimum of 5 years in prison, fines up to $10,000, and potentially the death penalty.
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."
Being charged with treason, sedition, or subversive acts can damage your reputation and professional life. It may also result in long-term imprisonment, making it essential to have skilled legal support.
Understanding the specific definitions of treason and related crimes under various federal laws is crucial. This understanding is key to comprehending what a federal prosecutor must prove for a conviction. Many defense lawyers often challenge the elements of the crime to establish reasonable doubt.
Many defense attorneys lack knowledge of treason laws and are therefore unable to represent defendants charged with this federal offense. It's important to find a qualified federal criminal defense lawyer to increase your chances of a favorable outcome. Below, we will review this law in more detail.
What Exactly is Treason?
Most countries define treason similarly: the betrayal of one's own nation. It is the only crime explicitly outlined in the Constitution. Article III, Section 3 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 must show that the defendant committed one of the two specified acts with the clear "specific intent to betray" the United States. Convictions require either the testimony of two witnesses describing the same act or a confession from the defendant.
The initial part of the crime, "levying war against the United States," is quite clear. It involves taking arms against the U.S. to overthrow the government or impede its lawful operations.
The second part, "adhering to the enemies of the United States," is broader and somewhat open to interpretation. It covers actions like offering financial assistance 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 intent to assist the enemy, not merely that their actions resulted in such an effect.
Treason is Rarely Prosecuted
While accusations of treason are often heard in the heated political environment, it's important to note that such charges in the United States are actually rare. This rarity underscores the gravity of the offense and the crucial need for expert legal representation.
Of the 40 treason cases charged since the founding of the U.S., only 13 have led to convictions, and only three people have been executed for treason.
Since 1956, only one individual—Adam Gadahn—was indicted for treason in 2006 for producing propaganda videos for al-Qaeda. He was killed in an airstrike before standing trial.
What Are the Associated Crimes?
A few other federal crimes are similar to treason but have different elements or require a different level of intent.
One reason treason charges have become so rare in recent decades is that Congress has passed numerous laws regarding other crimes against the U.S. that offer more specific definitions than treason. Related offenses include:
- Sedition (aka, Seditious Conspiracy) (18 U.S.C. § 2384): Defined as two or more individuals conspiring to "overthrow, put down, or destroy by force" the U.S. government, or to prevent it from performing its lawful duties; OR to "seize, take, or possess by force" any property of the U.S. government.
- Rebellion or Insurrection (18 U.S.C. § 2383): Defined as two or more individuals revolting against the U.S. government or helping others do so.
- Espionage (18 U.S.C. § 792 - 798): Espionage involves acquiring, transmitting, or delivering national defense information to unauthorized individuals. It also includes retaining documents or devices with such information with the intent to share them with unauthorized persons.
- Advocating Overthrow of Government (18 U.S.C. § 2385): It is a federal offense to promote, assist, advise, or teach the idea that overthrowing the United States government by force or violence is necessary or justified, as well as to distribute printed materials that support such overthrow.
- Misprision of Treason (18 U.S.C. § 2382): This statute imposes a fine and imprisonment for failing to disclose treason after owing allegiance to the United States and learning that treason has occurred.
- Activities Affecting Armed Forces (18 U.S.C. § 2387): This law criminalizes causing insubordination among military personnel or spreading materials that promote disloyalty to the United States military.
- Recruiting for Service against the United States (18 U.S.C. § 2389): Under this law, recruiting soldiers or sailors to participate in armed conflict against the U.S. government is a federal offense.
Reach Out to a Federal Defense Expert
Our federal criminal defense attorneys, with their expertise and skills, are well-equipped to provide you with effective legal representation, maximizing your chances of success. Treason is a serious charge, and it is essential to have experienced legal counsel review every detail to craft a robust defense strategy that safeguards your rights and freedom.
We begin by carefully examining all the details. If evidence was seized during the execution of the warrant, it may be possible to challenge the search's legality.
This could be contested if the evidence was found outside the scope defined in the warrant or if it didn't match the description provided in the warrant.
Your right to privacy remains protected regardless of the reason for a search. It's advisable to consult a lawyer experienced in federal search-and-seizure warrants to ensure your rights are upheld and respected.
Receiving a search warrant from a judge does not automatically make it legally valid. We might argue that the warrant lacked sufficient probable cause or was too broad in describing the permissible search areas.
Cron, Israels & Stark is based in Los Angeles, California. We offer representation for federal matters nationwide. Reach out to our law firm for a case evaluation either by phone or through our contact form.
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