§2385 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

It makes it a crime to, on purpose, encourage, help, advise, or teach that the United States government, a state, territory, or local government should be overthrown or destroyed by force or by killing government officers. It also covers printing, publishing, or showing written material with the intent to cause such an overthrow, organizing or trying to organize groups that push for violent overthrow, or joining such groups when you know what they want. People convicted can be fined under federal law, sent to prison for up to twenty years, or both, and cannot work for the U.S. government for five years after conviction. If two or more people plan these acts together, they face the same penalties. "Organize" includes recruiting new members, forming new units, or regrouping or expanding existing clubs or classes.

Title 18, §2385

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof— Shall be fined under this title or imprisoned not more than twenty 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. If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty 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. As used in this section, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 10, 11, 13 (June 28, 1940, ch. 439, title I, §§ 2, 3, 5, 54 Stat. 670, 671). Section consolidates section 10, 11, and 13 of title 18, U.S.C., 1940 ed. Section 13 of title 18, U.S.C., 1940 ed., which contained the punishment provisions applicable to section 10 and 11 of title 18, U.S.C., 1940 ed., was combined with section 11 of title 18, U.S.C., 1940 ed., and added to this section. In first paragraph, words “the Government of the United States or the government of any State, Territory, District or possession thereof, or the government of any political subdivision therein” were substituted for “any government in the United States”. In second and third paragraphs, word “such” was inserted after “any” and before “government”, and words “in the United States” which followed “government” were omitted. In view of these changes, the provisions of subsection (b) of section 10 of title 18, U.S.C., 1940 ed., which defined the term “government in the United States” were omitted as unnecessary. Reference to conspiracy to commit any of the prohibited acts was omitted as covered by the general conspiracy provision, incorporated in section 371 of this title. (See reviser’s note under that section.) Words “upon conviction thereof” which preceded “be fined” were omitted as surplusage, as punishment cannot be imposed until a conviction is secured. The phraseology was considerably changed to effect consolidation but without any change of substance.

Editorial Notes

Amendments

1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $20,000” in fourth and fifth pars. 1962—Pub. L. 87–486 defined the terms “organizes” and “organize”. 1956—Act July 24, 1956, substituted “$20,000” for “$10,000”, and “twenty years” for “ten years” in the paragraph prescribing penalties applicable to advocating overthrow of government and inserted provisions relating to conspiracy to commit any offense named in this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 1956 AmendmentAmendment by act

July 24, 1956, as applicable only with respect to offenses committed on and after

July 24, 1956, see section 3 of act

July 24, 1956, set out as a note under section 2384 of this title.

§2385 Advocating overthrow of Government