18 U.S.C. § 2381 – Treason
The Constitution’s narrow definition of treason codified in federal criminal law.
What § 2381 covers.
Section 2381 defines and criminalizes treason against the United States. It applies only to a person who owes allegiance to the United States and either:
- Levy war against the United States; or
- Adhere to the enemies of the United States by giving them aid and comfort, either domestically or abroad
This statute reflects the Constitution’s intentionally narrow treason standard, designed to prevent political misuse while still addressing the most extreme forms of betrayal.
“Owing allegiance.”
The statute applies to U.S. citizens and others who owe legal allegiance to the United States. Allegiance is a threshold requirement—without it, treason under § 2381 cannot be charged.
Levies war or gives aid and comfort.
Courts interpret these phrases strictly. Treason requires more than hostile speech or opposition—it involves concrete actions that materially support an enemy of the United States.
Penalties.
A conviction under § 2381 carries:
- Death, or
- At least 5 years in federal prison
- A mandatory fine of not less than $10,000
- Permanent disqualification from holding any office under the United States
Treason allegations are rare and constitutionally sensitive, but when raised they carry extraordinary legal and political consequences. If § 2381 is implicated in an investigation, call (314) 900-HELP or contact our federal criminal defense attorneys to evaluate the scope and posture of the case.
