§2381. Treason

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.

(June 25, 1948, ch. 645, 62 Stat. 807 ; Pub. L. 103–322, title XXXIII, §330016(2)(J), Sept. 13, 1994, 108 Stat. 2148 .)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§1, 2 (Mar. 4, 1909, ch. 321, §§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".

Canal Zone

Applicability of section to Canal Zone, see section 14 of this title.

Federal Rules of Criminal Procedure

Indictment, see rule 7, Appendix to this title.

Release from custody, see rule 46.

Stay of execution and relief pending review, see rule 38.

Trial jurors, peremptory challenges, see rule 24.

Cross References

Counsel and witnesses in capital cases, see section 3005 of this title.

Definition and proof of treason, see Const. Art. III, §3, cl. 1.

Disqualification from holding any office of honor, trust, or profit, additional grounds for, see sections 592, 593, 1901, 2071, 2385, and 2387 of this title.

Extradition-

State, territory, or possession into extraterritorial jurisdiction of United States, see section 3183 of this title.

State or territory to State, district or territory, see section 3182 of this title.

Federal retirement benefits, forfeiture upon conviction of offenses under this section, see section 8312 of Title 5, Government Organization and Employees.

Forfeiture of veterans' benefits upon conviction under this section, see section 6105 of Title 38, Veterans' Benefits.

Grand jury indictment for capital crimes, see Const. Amend. 5.

Indictment and list of jurors and witnesses for prisoner in capital cases, see section 3432 of this title.

National Service Life Insurance, forfeiture of rights to insurance on account of treason, see section 1911 of Title 38, Veterans' Benefits.

Officers aiding importation of treasonous books and articles, see section 552 of this title.

Punishment of treason, power of Congress to declare, see Const. Art. III, §3, cl. 2.

Release and detention pending judicial proceedings, see section 3141 et seq. of this title.

United States nationality as lost by committing any act of treason, see sections 1481 to 1489 of Title 8, Aliens and Nationality.

Writings advocating treason declared nonmailable, see section 1717 of this title.

Section Referred to in Other Sections

This section is referred to in sections 14, 951, 3591, 3592 of this title; title 5 section 8312; title 8 section 1101; title 38 section 6105; title 50 App. section 34.