>13:54:
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Under 18 U.S.C. § 11, the term “foreign government” includes:
Any recognized government of a foreign country
Any faction or body of insurgents within a country with which the United States is at peace
This definition applies irrespective of whether the United States officially recognizes the government or faction
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The statute explicitly excludes certain sections of Title 18—specifically sections 112, 878, 970, 1116, and 1201—where a different definition or context may apply
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Historical Context
The definition in § 11 originates from section 4 of Title VIII of the Espionage Act of1917and was incorporated into Title 18 during the 1948 codification of federal criminal law. Minor changes in phrasing were made over time, but the core meaning remains consistent
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. The 1976 amendment clarified the exceptions noted above.
Legal Implications
This definition is primarily used to determine the applicability of federal criminal statutes involving:
Crimes against foreign governments
Espionage or related offenses
Other federal crimes where the status of a foreign entity is relevant
By including insurgent groups, the law ensures that U.S. statutes can apply even when dealing with non-recognized authorities in countries at peace with the United States
Cornell University
Need a new script for this Episode of Crime and Punishment.
"THE EQUAL JUSTICE PHASE"
https://www.govinfo.gov/content/pkg/USCODE-2024-title18/html/USCODE-2024-title18.htm