18-U.S.C.-2385
§2385 – Advocating Overthrow of Government
Pathway
Title 18 > Part I > Chapter 115 > Section 2385
Details
- Reference: Section 2385
- Legend: §2385 – Advocating Overthrow of Government
- USCode Year: 2013
Provision Content
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 any State, 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 any department or agency thereof, for the five years next following his conviction.
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 any department or agency thereof, for the five years next following his conviction.
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 any State, 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 the United 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 revisers 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 any offense named in this section.
Effective Date of 1956 Amendment
Amendment by act July 24, 1956, as applicable only with respect to offenses 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.
U.S. Encyclopedia of Law Coverage
18-U.S.C.-2383 in the Legal Encyclopedia: Criminal Law
In this entry about 18-U.S.C.-2383, find legal reference material, bibliographies and premiere content related to criminal law in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal law-specific issues, written by authorities in the field.
18-U.S.C.-2340 in the Legal Encyclopedia: Crimes
In this entry about 18-U.S.C.-2340, find legal reference material, bibliographies and premiere content related to crimes in the American Encyclopedia of Law, presenting a comprehensive view of the United States crimes-specific issues, written by authorities in the field.
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