Title 18 — Crimes and Criminal ProcedureRelease 119-73not60
§1385 Use of Army, Navy, Marine Corps, Air Force, and Space Force as Posse Comitatus
Title 18 › Part I— CRIMES › Chapter 67— MILITARY AND NAVY › § 1385
Summary
It bans using the Army, Navy, Marine Corps, Air Force, or Space Force to carry out or enforce laws, unless the Constitution or a law from Congress allows it. Anyone who knowingly does this can be fined under federal law, jailed for up to two years, or both.
Full Legal Text
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.
Legislative History
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.
Reference
Citations & Metadata
Citation
18 U.S.C. § 1385
Title 18 — Crimes and Criminal Procedure
Last Updated
Apr 5, 2026
Release point: 119-73not60