§ 2385. — Advocating overthrow of Government.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2385]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 115--TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
Sec. 2385. Advocating overthrow of Government
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, Sec. 2,
70 Stat. 623; Pub. L. 87-486, June 19, 1962, 76 Stat. 103; Pub. L. 103-
322, title XXXIII, Sec. 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 10, 11, 13 (June 28,
1940, ch. 439, title I, Secs. 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 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 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.
Section Referred to in Other Sections
This section is referred to in title 5 section 8312; title 8 section
1481; title 38 section 6105; title 50 App. section 34.
