U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 115— TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

18 U.S.C. § 2387

Activities affecting armed forces generally

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(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, Navy 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, § 46, 63 Stat. 96; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 109–163, div. A, title V, § 515(f)(2), Jan. 6, 2006, 119 Stat. 3236.)Historical and Revision Notes1948 Act

Based on title 18, U.S.C., 1940 ed., §§ 9, 11, 13 (June 28, 1940, ch. 439, title I, §§ 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.

Editorial NotesAmendments

2006—Subsec. (b). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

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.

Statutory Notes and Related SubsidiariesTransfer 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.

Executive DocumentsTransfer of Functions

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, §§ 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 former sections 1 and 3 (now 101 and 103) of Title 14, Coast Guard.

Notes of Decisions
Cited in 28 cases (2 in the last 5 years), 1952–2026 · leading case: Branzburg v. Hayes
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Branzburg v. Hayes (1972) scotus · cites it 2× “The two witnesses, reporters for a Black Panther Party newspaper, were subpoenaed and given Fifth Amendment immunity against criminal prosecution, and they claimed a First Amendment journalist's privilege.”
Eastland v. United States Servicemen's Fund (1975) scotus · cites it 2× “2d, at 1277, 1278 ; whether USSF activities may have constituted violations of 18 U. S. C. § 2387 (a), which prohibits interference with the loyalty, discipline, or morale of the Armed Services; or whether the anonymity of USSF donors might have disguised persons who had not…”
Sherrie Bursey and Brenda Joyce Presley v. United States (1972) ca9 · cites it 3× “§ 1751 (presidential assassination, kidnapping, and assault), but the grand jury inquiry expanded to encompass possible violations of 18 U.S.C. § 2387 (interference with the armed forces).”
De Veau v. Braisted (1960) scotus · cites it 2× “For other examples in the federal statutes see 18 U. S. C. § 2387 ; 5 U. S. C. § 2282 ; 8 U.”
Pennsylvania v. Nelson (1956) scotus · cites it 2× “(Another part of the Smith Act, punishing the advocacy of mutiny, is now 18 U. S. C. § 2387 .) [7] "No question of federal supersession of a state statute was in issue .”
Schoenman v. Federal Bureau of Investigation (2011) dcd “The import of the allegation is not entirely clear, given that Schoenman does not provide any grounds for doubting the FBI’s reliance on the Voorhis Act, 18 U.S.C. § 2387 , or the Internal Security Act of 1950, 50 U.”
United States v. Mayo (1982) cma “In each, the allegations of fact regarding Harvey’s conduct were said to be in violation of 18 U.S.C. § 2387 . As to four of the six specifications, the court members found the accused guilty of acts constituting conduct to the prejudice of good order and discipline as a lesser…”
United States v. James Thomas York and Stephen Joseph York (1978) ca5 “§ 1544 (attempting to use the passport of another), and 18 U.S.C. § 2387 (a)(2) (attempting to distribute material advising insubordination by any member of the armed forces).”
United States v. Daniels (1970) cma · cites it 3× “on, California, convicted the accused of eight specifications, laid under Article 134, Uniform Code of Military Justice, 10 USC § 934 , alleging that, with the intent to interfere with the loyalty, morale, and discipline of named members of the Marine Corps, he urged and…”
Estates of Ungar Ex Rel. Estates Strachman v. Palestinian Authority (2004) rid “Finally, they argue, in the alterna-, tive, that this Court lacks jurisdiction due to 18 U.S.C. § 2387 . Plaintiffs argue that this Court has already decided these issues and in any event, the PA and PLO have waived the sovereign immunity defense by filing numerous motions…”
Roger L. Priest v. The Secretary of the Navy (1977) cadc “§ 934 , incorporating 18 U.S.C. § 2387 , distributing written matter which advises, counsels, or urges insubordination, disloyalty, mutiny, or refusal of duty by a member of the military forces; and (3) a violation of Article 134 of the UCMJ, 10 U.”
United States v. Helmich (1981) flmd “487 (1897); 18 U.S.C. § 2387 (1976). 5 Indeed, treason is one crime which is given specific mention in the body of the Constitution.”
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