§ 2387. — Activities affecting armed forces generally.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2387]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 115--TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
Sec. 2387. Activities affecting armed forces generally
(a) Whoever, with intent to interfere with, impair, or influence the
loyalty, morale, or discipline of the military or naval forces of the
United States:
(1) advises, counsels, urges, or in any manner causes or
attempts to cause insubordination, disloyalty, mutiny, or refusal of
duty by any member of the military or naval forces of the United
States; or
(2) distributes or attempts to distribute any written or printed
matter which advises, counsels, or urges insubordination,
disloyalty, mutiny, or refusal of duty by any member of the military
or naval forces of the United States--
Shall be fined under this title or imprisoned not more than ten
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.
(b) For the purposes of this section, the term ``military or naval
forces of the United States'' includes the Army of the United States,
the Navy, Air Force, Marine Corps, Coast Guard, Naval Reserve, Marine
Corps Reserve, and Coast Guard Reserve of the United States; and, when
any merchant vessel is commissioned in the Navy or is in the service of
the Army or the Navy, includes the master, officers, and crew of such
vessel.
(June 25, 1948, ch. 645, 62 Stat. 811; May 24, 1949, ch. 139, Sec. 46,
63 Stat. 96; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13,
1994, 108 Stat. 2147.)
Historical and Revision Notes
1948 Act
Based on title 18, U.S.C., 1940 ed., Secs. 9, 11, 13 (June 28, 1940,
ch. 439, title I, Secs. 1, 3, 5, 54 Stat. 670, 671).
Section consolidates sections 9, 11, and 13 of title 18, U.S.C.,
1940 ed., with only such changes of phraseology as were necessary to
effect consolidation.
The revised section extends the provisions so as to include the
Coast Guard Reserve in its coverage.
Words ``upon conviction thereof'' were omitted as unnecessary, as
punishment cannot be imposed until conviction is secured.
Reference to conspiracy to commit any of the prohibited acts was
omitted as covered by the general law incorporated in section 371 of
this title. (See reviser's note under that section.)
Minor changes were made in arrangement and phraseology.
1949 Act
This section [section 46] inserts the words, ``Air Force,'' in
subsection (b) of section 2387 of title 18, U.S.C., in view of the
establishment in 1947 of this separate branch of the armed services.
Amendments
1994--Subsec. (a). Pub. L. 103-322 substituted ``fined under this
title'' for ``fined not more than $10,000'' in last par.
1949--Subsec. (b). Act May 24, 1949, made section applicable to the
Air Force.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Coast Guard transferred to Department of Transportation and
functions, powers, and duties, relating to Coast Guard, of Secretary of
the Treasury and of other offices and officers of Department of the
Treasury transferred to Secretary of Transportation by Pub. L. 89-670,
Oct. 15, 1966, 80 Stat. 931, which created Department of Transportation.
See section 108 of Title 49, Transportation.
Functions of all officers of Department of the Treasury and
functions of all agencies and employees of such Department transferred,
with certain exceptions, to Secretary of the Treasury, with power vested
in him to authorize their performance or performance of any of his
functions, by any of such officers, agencies, and employees, by Reorg.
Plan No. 26, of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, set out in the Appendix to Title 5, Government Organization
and Employees. Such plan excepted from transfer functions of Coast Guard
and Commandant thereof when Coast Guard is operating as a part of the
Navy under section 1 and 3 of Title 14, Coast Guard.
Section Referred to in Other Sections
This section is referred to in title 5 section 8312; title 38
section 6105; title 50 App. section 34.
