“The modern treason statute is 18 U.S.C. § 2381; it basically tracks the language of the constitutional provision. Other provisions of Title 18 criminalize various acts of warmaking and adherence to the enemy. See, e.g., § 32 (destruction of aircraft or aircraft facilities), § 2332a (use of weapons of mass destruction), § 2332b (acts of terrorism transcending national boundaries), § 2339A (providing material support to terrorists), § 2339B (providing material support to certain terrorist organizations), § 2382 (misprision of treason), § 2383 (rebellion or insurrection), § 2384 (seditious conspiracy), § 2390 (enlistment to serve in armed hostility against the United States). See also 31 CFR § 595.204 (2003) (prohibiting the ‘making or receiving of any contribution of funds, goods, or services’ to terrorists); 50 U.S.C. § 1705(b) (criminalizing violations of 31 CFR § 595.204).” J. Scalia (dissenting), Hamdi v. Rumsfeld, 542 U.S. 507, 560–561 (2004).
treason
Definition
The offense of betraying one’s own country by attempting to overthrow the government through waging war against the state or materially aiding its enemies. Also termed high treason; alta proditio.
According to the United States Constitution, Article III, § 3, “Treason against the United States, shall consist only in levying war against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”
Under federal statute, a person guilty of treason against the United States “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.” 18 U.S.C. § 2381.
Definition from Nolo’s Plain-English Law Dictionary
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:26 pm
