CHAPTER 115—TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
Sec.
2381.
Treason.
2382.
Misprision of treason.
2383.
Rebellion or insurrection.
2384.
Seditious conspiracy.
2385.
Advocating overthrow of Government.
2386.
Registration of certain organizations.
2387.
Activities affecting armed forces generally.
2388.
Activities affecting armed forces during war.
2389.
Recruiting for service against United States.
2390.
Enlistment to serve against United States.
[2391.
Repealed.]
1953—Act June 30, 1953, ch. 175, §5, 67 Stat. 134, added item 2391.
§2381. Treason
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 and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
(June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 103–322, title XXXIII, §330016(2)(J), Sept. 13, 1994, 108 Stat. 2148.)
https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter115&edition=prelim
Criminal Resource Manual
CRM 2000 - 2500
-
Elements Of Aiding And Abetting
The elements necessary to convict under aiding and abetting theory are:
-
That the accused had specific intent to facilitate the commission of a crime by another;
-
That the accused had the requisite intent of the underlying substantive offense;
-
That the accused assisted or participated in the commission of the underlying substantive offense; and
-
That someone committed the underlying offense.
https://www.justice.gov/archives/jm/criminal-resource-manual-2474-elements-aiding-and-abetting
Art III.S3.C1.4 Aid and Comfort to the Enemy as Treason
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open Court.
https://constitution.congress.gov/browse/essay/artIII-S3-C1-4/ALDE_00013527/
https://constitutioncenter.org/the-constitution/articles/article-iii/clauses/39
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