[Act of March 4, 1909; 35 Stat., 1088.] An Act To codify, revise, and amend the penal laws of the United States Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the penal laws of the United States be, and they hereby are, codified, revised, and amended, with title, chapters, headnotes, and sections, entitled, numbered, and to read as follows: CRIMES CHAPTER ONE. OFFENSES AGAINST THE EXISTENCE OF THE GOVERNMENT. Sec. 1. Treason. 2. Punishment of treason. 3. Misprision of treason. 4. Inciting or engaging in rebellion or insurrection. 5. Criminal correspondence with forign governments. Treason. R. S., s. 5331. U.S.. Vilato, 2 Dall, 370; The Insurgents, 2 Dall., 385; Ex Parte Bolman & Swartout, 4 Cranch, 75; U. S. v. Burr, 4 Cranch, 469; Hanauer Sec. 6. Seditious conspiracy. 7. Recruiting soldiers or sailors to serve against the United States. 8. Enlistment to serve against the United States. SEC. 1. Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason. . Doane, 12 Wall., 342; Carlisle v. U. S., 16 Wall., 147; Case of Fries, Wharton St. Tr., 458, 610, 9 Fed. Cas., 826, 924; Shortridge v. Macon, Chase, 136, 22 Fed. Cas., 20; U. S. v. Burr, 1 Burr's Trial, 14, 16, 2 Burr's Trial, 402, 405, 417, 25 Fed. Cas., 2, 52, 55, 210; U. S. v. Cathcart, 1 Bond, 556, 25 Fed. Cas., 344; U. S. r. Greathouse, 2 Ab. C. C., 364, 26 Fed. Cas., 18; U. S. . Hodges, Brun. Col. Cas., 465, 26 Fed. Cas., 332, U. S. v. Hoxie, 1 Paine, 265, 26 Fed. Cas., 397; U. S. . Mitchell, 2 Dall., 348, 26 Fed. Cas., 1277; U. S. r. Vigol, 2 Dall., 346, 28 Fed. Cas., 376; U. S. . Pryor, 3 Wash., 234, 27 Fed. Cas., 628; Charges to Grand Jury, 2 Curt., 630, 30 Fed. Cas., 1024; 4 Blatch., 518, 30 Fed. Cas., 1032; 5 Blatch., 549, 30 Fed. Cas., 1034; 1 Bond, 609, 30 Fed. Cas. 1036; 1 Spr., 602, 30 Fed. Cas., 1039; 2 Spr., 292, 30 Fed. Cas., 1042; 1 story, 614, 30 Fed. Cas. 1046; 2 Wall., jr., 134, 30 Fed. Cas., 1047; 2 Spr., 285, 30 Fed. Cas., 1049. Punishment of trea son. R. S., s. 5332. Confiscation Cases, 20 SEC. 2. Whoever is convicted of treason shall suffer death; or, at the discretion of the court, shall be imprisoned not less than five years and fined not less than ten thousand dollars, to be levied on and collected out of any or all of his property, real and personal of which he was the owner at the time of committing such treason, any sale or conveyance to the contrary Wall., 92; Wallack et al. . Van Riswick, 92 U. S. 202; Windsor v. McVeigh, 93 U. S., 274. notwithstanding; and every person so convicted of treason shall, moreover, be incapable of holding any office under the United States. Misprision of treason. R. S., 8. 5333. Wheat, 97; 221, 6 Fed. Cas., 270 US Tract of Land, U. S.. Wiltberger, 5 Confiscation Cases, 1 Woods, 1 Woods, 475, 28 Fed. SEC. 3. Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals, and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United Cas., 203. States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be imprisoned not more than seven years and fined not more than one thousand dollars. or insur SEC. 4. Whoever incites, sets on foot, in rebellion Inciting or engaging assists, or engages in any rebellion or insurrection. rection against the authority of the United R. S., s. 5334. States or the laws thereof, or gives aid or comfort thereto, shall be imprisoned not more than ten years, or fined not more than ten thousand dollars, or both; and shall, moreover, be incapable of holding any office under the United States. Criminal correspond ments. s. SEC. 5. Every citizen of the United States, ence with foreign governwhether actually resident or abiding within the same, or in any place subject to the juris- R. S., B. 5335. diction thereof, or in any foreign country, without the permission or authority of the Government, directly or indirectly, commences or carries on any verbal or written correspondence or intercourse with any foreign government or any officer or agent thereof, with an intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the Government of the United States, and every person, being a citizen of or resident within the United States or in any place subject to the jurisdiction thereof, and not duly authorized, counsels, advises, or assists in any such correspondence with such intent, shall be fined not more than five thousand dollars and imprisoned not more than three years; but nothing in this section shall be construed to abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects. Seditious conspiracy. R. S., s. 5336. Ex parte Lange, 18 Wall., 163. SEC. 6. If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined not more than five thousand dollars, or imprisoned not more than six years, or both. Recruiting soldiers or sailors to serve against the United States. R. S., s. 5337. SEC. 7. Whoever recruits soldiers or sailors within the United States, or in any place subject to the jurisdiction thereof, to engage in armed hostility against the same, or opens within the United States, or in any place subject to the jurisdiction thereof, a recruiting station for the enlistment of such soldiers or sailors to serve in any manner in armed hostility against the United States, shall be fined not more than one thousand dollars and imprisoned not more than five years. Enlistment to serve against the United States. R. S., s. 5338. SEC. 8. Every person enlisted or engaged within the United States or in any place subject to the jurisdiction thereof, with intent to serve in armed hostility against the United States, shall be fined one hundred dollars and imprisoned not more than three years, SEC. 9. Every citizen of the United States who, within the territory or jurisdiction thereof, accepts and exercises a commission to serve a foreign prince, state, colony, district, or people, in war, by land or by sea, against any prince, state, colony, district, people, with whom the United States are peace, shall be fined not more than two thousand dollars and imprisoned not more than three years. or at Enlisting in foreign R. S., s. 5282. Chacon . Bales of Cochineal, 1 Brock., 478, 5 Fed. Cas., 390; Stough665, 13 Fed. Cas., 1179; C. C.; 487, 17 Fed. Cas.. Pittsb., L. J., 194, 26 ton. Taylor, 2 Paine, Ex parte Needham, Pet. SEC. 10. Whoever, within the territory or service. jurisdiction of the United States, enlists, or enters himself, or hires or retains another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, or people, as a soldier, as a marine or seaman, on board of any vessel of war, letter of marque, or privateer, shall be fined not more than one thousand dollars and imprisoned not more than three years. or or 1274, U. S. . Hertz, 3 Fed. Cas., 293; U. S. . Kazinski, 2 Sprague, 7. 26 Fed. Cas., 682; 4 A. G. 367. people at peace with the United States. Arming vessels against R. S., s. 5283. SEC. 11. Whoever, within the territory or jurisdiction of the United States, fits out and arms, or attempts to fit out and arm, procures to be fitted out and armed, or knowingly is concerned in the furnishing, 307; Gelston. Hoyt, fitting out, or arming of any vessel, with Estrella, 4 Wheat., 298; 609 U. S. . Guinet, 2 Dall., 321; Moodie. The Alfred, 3 Dall., 3 Wheat., 246; The La Conception, 6 Wheat., 235; The San- intent that such vessel shall be employed in tissima Trinidad 7 the service of any foreign prince or state, Wheat., 283; The Gran Para, 7 Wheat., 471; The Santa Maria, or of any colony, district, or people, to Wheat., 490; The Ar- cruise or commit hostilities against the Wheat., 496; The Monta subjects, citizens, or property of any foreign rogante Barcelones, 7 Allegre, 7 Wheat., 520; U. S. . Reyburn, 6 Pet., 3 Wall., U. S. Weed, 72 U. S., 62; 352; U. S. . Quincy, 6 prince or state, or of any colony, district, or Pet. 445; The Bermuda, people, with whom the United States are The Watchful, 73 U. S. at peace, or whoever issues or delivers a 91: The Three Friends, commission within the territory or jurisRep., 175. The Chap diction of the United States for any vessel, man, 4 Sawyer, 501, 5 Fed. Cas., 471; The Taylor, 2 Paine, 652, 13 Fed. Cas., 1179; The Meteor, 1 Am. L. ". The years. Fed. Cas., 653; Sawyer Florida, 4 Ben., 452, 9 to the intent that she may be so employed, Fed. Cas., 321; Juando shall be fined not more than ten thousand dollars and imprisoned not more than three And every such vessel, her tackle, apparel, and furniture, together with all 21 Fed. Cas., 583; U. S. . materials, arms, ammunition, and stores Skinner, 1 Brun. Col. which may have been procured for the Crim. Cases, 232, 27 Fed. building and equipment thereof, shall be Mary Hogan, 18 Fed. forfeited; one-half to the use of the informer and the other half to the use of the United . Steele, 3 Wash., 464, Cas., 446; 2 Wheeler's Rep., 529; U. S. 1. Two Hundred and Fourteen Boxes, 20 Fed. Rep., 50; Stannick v. The Friendship, Bee, 40, 22 Fed. States. Cas., 1056; The City of Mexico, 24 Fed. Rep., 33, 25 Fed. Rep., 925; The City of Mexcio, 28 Fed. Augmenting force of foreign vessel of war. R. S., s. 5285. 9 Cranch, 359; U. S. v. 26 Fed. Cas., 10. SEC. 12. Whoever, within the territory or jurisdiction of the United States, increases The Alerta . Moran, or augments, or procures to be increased or Grassin, 3 Wash., 65, augmented, or knowingly is concerned in increasing or augmenting, the force of any ship of war, cruiser, or other armed vessel which, at the time of her arrival within the United States, was a ship of war, or cruiser, or armed vessel, in the service of any foreign prince or state, or of any colony, district, or people, or belonging to the subjects or citizens of any such prince or state, colony, district, or people, the same being at war with any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, by adding to the number of the guns of such vessel, or by changing those on board of her for guns of a larger caliber, or by adding thereto any equipment solely applicable to war, shall be fined not more than one thousand dollars and imprisoned not more than one year. |