18 U.S.C. § 2385 – Advocating Overthrow of Government
A statute criminalizing advocacy or organization aimed at overthrowing government by force.
What § 2385 addresses.
Section 2385 makes it a federal crime to knowingly or willfully promote, support, or organize efforts to overthrow or destroy the United States government—or any State or local government—by force or violence, including assassination of government officials.
The statute reaches beyond direct action. It also applies to speech, publications, and organizational activity when tied to an intent to bring about violent overthrow.
Conduct covered under § 2385 includes:
- Advocating, teaching, or advising that violent overthrow of government is necessary or desirable
- Publishing, distributing, or displaying materials that promote violent overthrow
- Organizing or helping organize groups that advocate government overthrow by force
- Knowingly joining or affiliating with such groups
Membership and organization.
The statute defines “organizing” broadly, including recruiting new members, forming new units, or expanding existing groups that promote violent overthrow.
Conspiracy liability.
If two or more people conspire to commit any act prohibited by § 2385, each participant may be charged even if the planned overthrow never occurs.
Penalties.
A violation of § 2385 carries:
- Up to 20 years in federal prison
- Fines under federal law
- Ineligibility for federal employment for five years following conviction
Why § 2385 matters.
Cases under this statute often hinge on intent, context, and whether speech or association crosses into unlawful advocacy or conspiracy. These prosecutions frequently involve constitutional defenses and close scrutiny of evidence.
If allegations under § 2385 arise, call (314) 900-HELP or contact our federal criminal defense attorneys to discuss potential defenses and constitutional considerations.
