§ 2388. — Activities affecting armed forces during war.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2388]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 115--TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
Sec. 2388. Activities affecting armed forces during war
(a) Whoever, when the United States is at war, willfully makes or
conveys false reports or false statements with intent to interfere with
the operation or success of the military or naval forces of the United
States or to promote the success of its enemies; or
Whoever, when the United States is at war, willfully causes or
attempts to cause insubordination, disloyalty, mutiny, or refusal of
duty, in the military or naval forces of the United States, or willfully
obstructs the recruiting or enlistment service of the United States, to
the injury of the service or the United States, or attempts to do so--
Shall be fined under this title or imprisoned not more than twenty
years, or both.
(b) If two or more persons conspire to violate subsection (a) of
this section and one or more such persons do any act to effect the
object of the conspiracy, each of the parties to such conspiracy shall
be punished as provided in said subsection (a).
(c) Whoever harbors or conceals any person who he knows, or has
reasonable grounds to believe or suspect, has committed, or is about to
commit, an offense under this section, shall be fined under this title
or imprisoned not more than ten years, or both.
(d) This section shall apply within the admiralty and maritime
jurisdiction of the United States, and on the high seas, as well as
within the United States.
(June 25, 1948, ch. 645, 62 Stat. 811; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on sections 33, 34, 35, 37 of title 50, U.S.C., 1940 ed., War
and National Defense (June 15, 1917, ch. 30, title I, Secs. 3, 4, 5, 8,
40 Stat. 219; Mar. 3, 1921, ch. 136, 41 Stat. 1359; Mar. 28, 1940, ch.
72, Sec. 2, 54 Stat. 79).
Sections 33, 34, 35, and 37 of title 50, U.S.C., 1940 ed., War and
National Defense, were consolidated. Sections 34, 35, and 37 of title
50, U.S.C., 1940 ed., War and National Defense, are also incorporated in
sections 791, 792, and 794 of this title, to which they relate.
Minor changes were made in phraseology.
Amendments
1994--Pub. L. 103-322 substituted ``fined under this title'' for
``fined not more than $10,000'' in last par. of subsec. (a) and in
subsec. (c).
Repeals
Section 7 of act June 30, 1953, ch. 175, 67 Stat. 134, repealed
Joint Res. July 3, 1952, ch. 570, Sec. 1(a)(29), 66 Stat. 333; Joint
Res. Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18, which had provided that
this section should continue in force until six months after the
termination of the National emergency proclaimed by 1950 Proc. No. 2914
which is set out as a note preceding section 1 of Appendix to Title 50,
War and National Defense.
Repeal of Extensions of War-time Provisions
Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr. 14,
1952, ch. 204, 66 Stat. 54, as amended by Joint Res. May 28, 1952, ch.
339, 66 Stat. 96. Intermediate extensions by Joint Res. June 14, 1952,
ch. 437, 66 Stat. 137, and Joint Res. June 30, 1952, ch. 526, 66 Stat.
296, which continued provisions until July 3, 1952, expired by their own
terms.
Section Referred to in Other Sections
This section is referred to in section 1717 of this title; title 5
section 8312; title 38 section 6105; title 50 App. sections 19, 34.
