18 U.S.C. § 2388

Activities affecting armed forces during war

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(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, § 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, §§ 3, 4, 5, 8, 40 Stat. 219; Mar. 3, 1921, ch. 136, 41 Stat. 1359; Mar. 28, 1940, ch. 72, § 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.

Editorial NotesAmendments

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).

Statutory Notes and Related SubsidiariesRepeals

Act June 30, 1953, ch. 175, § 7, 67 Stat. 134, repealed Joint Res. July 3, 1952, ch. 570, § 1(a)(29), 66 Stat. 333; Joint Res. Mar. 31, 1953, ch. 13, § 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 Title 50, War and National Defense.

Repeal of Extensions of War-time Provisions

Joint Res. July 3, 1952, ch. 570, § 6, 66 Stat. 334, 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.

Notes of Decisions

Cited in 13 cases, 1950–2008 · leading case: United States v. Wells, 519 U.S. 482 (1997).

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United States v. Wells, 519 U.S. 482 (1997). · cites it 2× “§ 2386 (penalizing willful false statement when registering certain organizations); 18 U. S. C. § 2388 (a) (penalizing willful false statement with intent to interfere with armed forces during war); 18 U.”

Campbell, Tom v. Clinton, William J., 203 F.3d 19 (D.C. Cir. 2000). “, 18 U.S.C. § 2388 (a) ("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…”

United States v. Michael E. Gaudin, 28 F.3d 943 (9th Cir. 1994). “§ 2386 (penalizing willful false statement when registering certain organizations); 18 U.S.C. § 2388 (a) (penalizing willful false statement with intent to interfere with armed forces during war); 18 U.”

United States v. Edward T. Perrotta, 289 F.3d 155 (1st Cir. 2002). “, 18 U.S.C. § 2388 (c) (activities affecting armed forces during war) (punishing “[w]hoever harbors or conceals any person who he knows, or has reasonable grounds to believe or suspect, has committed .”

United States v. Prosperi, 573 F. Supp. 2d 436 (D. Mass. 2008). “”); 18 U.S.C. § 2388 (a) (“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…”

Pelley v. United States, 214 F.2d 597 (7th Cir. 1954). “§ 2255 , to vacate, set aside and correct a sentence imposed upon Pelley upon his conviction, on August 16, 1942, of violating the Federal Sedition Law, the amended version of which statute is 18 U.S.C.A. § 2388 . The plaintiff here appealed his conviction and the judgment was…”

Robert G. Thompson v. John S. Gleason, Jr., Adm'r of Vets. Affairs, 317 F.2d 901 (D.C. Cir. 1962). “cles of the Uniform Code of Military Justice ; 5 (b) that Congress in effect left to the Administrator the power to determine what conduct amounted to “rendering assistance to an enemy”; (c) that the phrase includes all offenses defined as crimes by a statute, which can be…”

United States v. Powell, 171 F. Supp. 202 (N.D. Cal. 1959). “The indictment in this case charged the three defendants with conspiracy to violate the provisions of 18 U.S.C. § 2388 , 1 and the defendant, John Powell, with substantive violations of the same statute.”

Williams v. Blount, 314 F. Supp. 1356 (D.D.C. 1970). “It is thus clear that the publication is boldly advocating insubordination, disloyalty, refusal of duty, mutiny in violation of 18 U.S.C. § 2388 (a) and is thus nonmailable under 18 U.”

Harisiades v. Shaughnessy, 90 F. Supp. 397 (S.D.N.Y. 1950). “217 , 219 [1948 Revised Criminal Code, 18 U.S.C.A. § 2388 ] “by causing and attempting to cause insubordination, etc.”

United States v. Powell, 156 F. Supp. 526 (N.D. Cal. 1957). “18 U.S.C. § 2388 . The false and derogatory statements which the indictment charges that the defendants circulated fall into four principal categories: (1) statements that the United States was the aggressor in the Korean war; (2) statements that the United States was waging…”

United States v. Slaey, 489 F. Supp. 2d 443 (E.D. Pa. 2007). “The point at which a time bar takes effect is not the entry of a judgment by a court of law. Moreover, if a defendant had to await the expiration of the statute of limitations to achieve finality where there is a dismissal without prejudice, it could be years, if ever, after the…”

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