§2388 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Makes it a crime when the United States is at war for anyone to knowingly give false reports or statements to harm the U.S. military or help its enemies. It is also a crime to willfully cause or try to cause insubordination, disloyalty, mutiny, or refusal of duty in the armed forces, or to block recruiting or enlistment. Anyone who breaks these rules can be fined or sent to prison for up to 20 years, or both. If two or more people plan these acts and one takes a step to carry them out, each can get the same punishment. Anyone who hides or protects a person who has committed or is about to commit these crimes can be fined or sent to prison for up to 10 years, or both. The law applies inside the United States, in its maritime jurisdiction, and on the high seas.

Title 18, §2388

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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; orWhoever, 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.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on section 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). section 33, 34, 35, and 37 of title 50, U.S.C., 1940 ed., War and National Defense, were consolidated. section 34, 35, and 37 of title 50, U.S.C., 1940 ed., War and National Defense, are also incorporated in section 791, 792, and 794 of this title, to which they relate. Minor changes were made in phraseology.

Editorial Notes

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).

Statutory Notes and Related Subsidiaries

Repeals

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 ProvisionsJoint 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.

§2388 Activities affecting armed forces during war