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1. LII
2. U.S. Code
3. Title 18. CRIMES AND CRIMINAL PROCEDURE
4. Part I. CRIMES
5. Chapter 115. TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
6. Section 2385. Advocating overthrow of Government
18 U.S. Code § 2385. Advocating overthrow of Government
* U.S. Code <#tab_default_1>
* Notes <#tab_default_2>
prev | next
Whoever knowingly or willfully advocates, abets, advises, or teaches the
duty, necessity, desirability, or propriety of overthrowing or
destroying the government of the United States or the government of
anyState, Territory, District or Possession thereof, or the government
of any political subdivision therein, by force or violence, or by the
assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such
government, prints, publishes, edits, issues, circulates, sells,
distributes, or publicly displays any written or printed matter
advocating, advising, or teaching the duty, necessity, desirability, or
propriety of overthrowing or destroying any government in the United
States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group,
or assembly of persons who teach, advocate, or encourage the overthrow
or destruction of any such government by force or violence; or becomes
or is a member of, or affiliates with, any such society, group, or
assembly of persons, knowing the purposes thereof—
Shall be fined under this title or imprisoned not more than twenty
years, or both, and shall be ineligible for employment by the United
States or anydepartment oragency thereof, for the five years next
following hisconviction.
If two or more persons conspire to commit any offense named in this
section, each shall be fined under this title or imprisoned not more
than twenty years, or both, and shall be ineligible for employment by
the United States or anydepartment oragency thereof, for the five years
next following hisconviction.
As used in this section, the terms “organizes” and “organize”, with
respect to any society, group, or assembly of persons, include the
recruiting of new members, the forming of new units, and the regrouping
or expansion of existing clubs, classes, and other units of such
society, group, or assembly of persons.
(June 25, 1948, ch. 645, 62 Stat. 808
; July 24, 1956,
ch. 678, § 2, 70 Stat. 623
; Pub. L. 87–486
, June 19, 1962, 76 Stat. 103
; Pub. L.
103–322, title XXXIII, § 330016(1)(N)
, Sept. 13,
1994, 108 Stat. 2148
.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§ 10
, 11
, 13
(June 28, 1940, ch. 439,
title I, §§ 2, 3, 5, 54 Stat. 670
, 671).
Section consolidates sections 10
, 11
, and 13
of title 18
, U.S.C., 1940 ed. Section
13 of title 18 , U.S.C.,
1940 ed., which contained the punishment provisions applicable to
sections 10 and 11
of title 18
, U.S.C., 1940 ed., was
combined with section 11 of title 18
, U.S.C., 1940 ed., and
added to this section.
In first paragraph, words “the Government of the United States or the
government of anyState, Territory, District or possession thereof, or
the government of any political subdivision therein” were substituted
for “any government in the United States”.
In second and third paragraphs, word “such” was inserted after “any” and
before “government”, and words “in the United States” which followed
“government” were omitted.
In view of these changes, the provisions of subsection (b) of section 10
of title 18 , U.S.C.,
1940 ed., which defined the term “government in theUnited States” were
omitted as unnecessary.
Reference to conspiracy to commit any of the prohibited acts was omitted
as covered by the general conspiracy provision, incorporated in section
371 of this title . (See
reviser’s note under that section.)
Words “upon conviction thereof” which preceded “be fined” were omitted
as surplusage, as punishment cannot be imposed until a conviction is
secured.
The phraseology was considerably changed to effect consolidation but
without any change of substance.
Amendments
1994—Pub. L. 103–322
substituted
“fined under this title” for “fined not more than $20,000” in fourth and
fifth pars.
1962—Pub. L. 87–486 defined the
terms “organizes” and “organize”.
1956—Act July 24, 1956, substituted “$20,000” for “$10,000”, and “twenty
years” for “ten years” in the paragraph prescribing penalties applicable
to advocating overthrow of government and inserted provisions relating
to conspiracy to commit anyoffense named in this section.
Effective Date of 1956 Amendment
Amendment by act July 24, 1956, as applicable only with respect
tooffenses committed on and after July 24, 1956, see section 3 of act
July 24, 1956, set out as a note under section 2384 of this title
.
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