§1385 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

It is a crime to use any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space Force to enforce the law or act like police, unless the Constitution or a law passed by Congress specifically allows it. If someone does this on purpose, they can be fined, put in jail for up to two years, or both.

Title 18, §1385

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 138510:15.June 18, 1878, ch. 263, § 15, 20 Stat. 152; Mar. 3, 1899, ch. 429, § 363 (proviso); added June 6, 1900, ch. 786, § 29 (less last proviso), 31 Stat. 330. This section is revised to conform to the style and terminology used in title 18. It is not enacted as a part of title 10, United States Code, since it is more properly allocated to title 18.

Editorial Notes

Amendments

2021—Pub. L. 117–81 substituted “Army, Navy, Marine Corps, Air Force, and Space Force” for “Army and Air Force” in section catchline, and in text substituted “Army, the Navy, the Marine Corps,” for “Army or” and inserted “, or the Space Force” after “Air Force”. 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”. 1959—Pub. L. 86–70 struck out provisions which made section inapplicable in Alaska.

§1385 Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus