[USC02] 18 USC 1385: Use of Army and Air Force as posse comitatus
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*Public Laws 116-283 through 117-1 have been enacted but classifications have not yet been finalized. The currency ("laws in effect") date does not reflect acts for which classification has not been finalized.

18 USC 1385: Use of Army and Air Force as posse comitatus Text contains those laws in effect on February 24, 2021

§1385. Use of Army and Air Force as posse comitatus

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

(Added Aug. 10, 1956, ch. 1041, §18(a), 70A Stat. 626 ; amended Pub. L. 86–70, §17(d), June 25, 1959, 73 Stat. 144 ; Pub. L. 103–322, title XXXIII, §330016(1)(L), Sept. 13, 1994, 108 Stat. 2147 .)

Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
1385 10:15. June 18, 1878, ch. 263, §15, 20 Stat. 152 ; Mar. 3, 1899, ch. 429, §363 (proviso); added June 6, 1900, ch. 786, §29 (less last proviso), 31 Stat. 330 .

This section is revised to conform to the style and terminology used in title 18. It is not enacted as a part of title 10, United States Code, since it is more properly allocated to title 18.

Editorial Notes


1994-Pub. L. 103–322 substituted "fined under this title" for "fined not more than $10,000".

1959-Pub. L. 86–70 struck out provisions which made section inapplicable in Alaska.