Seditious Conspiracy - 18 U.S. Code § 2384
While federal law protects the right of U.S. citizens to disagree with the government, to express their opinions, and even to protest peacefully, any action taken to thwart or overthrow the government by force is a grave and serious federal crime.
When two or more people conspire to do so, it constitutes seditious conspiracy under Title 18 U.S. Code 2384. This statute was used to prosecute certain protesters during the alleged insurrection at the U.S. Capitol on Jan. 6, 2021.
Simply put, 18 U.S.C. 2384, known as the crime of seditious conspiracy, makes it a federal crime for two or more people to conspire to use force to levy war against the U.S. government, oppose the government's authority, prevent or delay the execution of any U.S. law, or forcibly seize U.S. property.
Section 2384 details specific unlawful conspiracies, including those involving conspiring to overthrow, destroy, or levy war against the government, or conspiring by force to prevent, hinder, or delay the execution of any U.S. law.
The federal law also covers conspiring by force to seize, take, or possess any property of the United States against its authority. A conviction can result in a fine, imprisonment for up to 20 years, or both.
What is Seditious Conspiracy?
As noted above, seditious conspiracy is a federal crime that targets agreements between two or more people to use force against the United States government or to interfere with the execution of its laws. It is a rarely used but potent statute designed to protect the authority and function of the federal government.
The statutory text of 18 U.S. Code § 2384 states:
"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 under this title or imprisoned not more than twenty years, or both."
This law was enacted to address organized efforts that threaten the stability of the government. Historically, it has been applied in cases involving plots to oppose federal authority or disrupt governmental processes violently.
For the government to secure a conviction for seditious conspiracy, a prosecutor must prove several specific elements beyond a reasonable doubt. It's important to note that simply speaking against the government or holding anti-government views is not a crime. The prosecution must establish the below.
An Agreement (Conspiracy)
There must be an agreement between two or more individuals. This agreement does not need to be formal or written. It can be an informal, mutual understanding to work together toward a common unlawful goal.
Proving this conspiracy is often the central challenge for prosecutors, who may use communications, witness testimony, and other evidence to show a coordinated plan.
Specific Unlawful Purpose
The object of the conspiracy must be one of the actions detailed in the statute. These include:
- To overthrow, put down, or destroy the U.S. government by force.
- To levy war against the U.S.
- To oppose the authority of the U.S. government by force.
- To use force to prevent, hinder, or delay the execution of any U.S. law.
- To use force to seize, take, or possess U.S. government property against its authority.
The Use of "Force"
The plan must involve the use of force. This is a critical element that distinguishes seditious conspiracy from other forms of protest or dissent. The "force" mentioned does not have to be successful or result in actual violence, but the intent to use it must be part of the conspiracy.
Unlike many other federal conspiracy statutes, seditious conspiracy does not require prosecutors to prove that the defendants committed an "overt act" in furtherance of the agreement. The crime is the agreement itself to use force for one of the specified unlawful purposes.
Penalties for a Conviction
A conviction for seditious conspiracy carries severe penalties. Under federal law, individuals found guilty face:
- Significant fines as determined under federal sentencing guidelines; and/or
- Up to 20 years in federal prison.
Related Federal Statutes
18 U.S. Code Chapter 115 Part I, Treason, Sedition, and Subversive Activities, has several related federal laws, including the following:
- 18 U.S.C. 2381. Treason
- 18 U.S.C. 2382. Misprision of treason
- 18 U.S.C. 2383. Rebellion or insurrection
- 18 U.S.C. 2384. Seditious conspiracy
- 18 U.S.C. 2385. Advocating the overthrow of the Government
- 18 U.S.C. 2386. Registration of certain organizations
- 18 U.S.C. 2387. Activities affecting the armed forces generally
- 18 U.S.C. 2388. Activities affecting the armed forces during war
- 18 U.S.C. 2389. Recruiting for service against the United States
- 18 U.S.C. 2390. Enlistment to serve against the United States
Common Defenses Against Seditious Conspiracy Charges
If you are facing a charge of seditious conspiracy, an experienced federal defense attorney can implement one or more defense strategies to combat the charges and weaken the prosecution's case against you. Common defenses include:
- No Agreement: The attorney may argue that while you may have been present or communicated with other like-minded individuals, there was no actual agreement to achieve an unlawful goal. This could involve demonstrating that discussions were merely talk or that the individuals did not share a common criminal purpose.
- Lack of Intent: The prosecution must prove that the defendants specifically intended to use force to achieve one of the illegal objectives. A defense could be built around the argument that there was no intent to use force. For example, the defense might argue that any preparations were for self-defense or that any statements were protected political speech rather than a genuine plan for violence.
- First Amendment Protection: The First Amendment protects freedom of speech, including speech that is critical of the government. A defense may argue that the defendant's words and actions constituted protected speech, rather than an illegal conspiracy. This defense often hinges on the distinction between advocating for ideas and conspiring to commit forcible acts.
- Withdrawal from the Conspiracy: If there is evidence to support it, your attorney may argue that you withdrew from the conspiracy before it was carried out. To be a valid defense, the withdrawal must be complete and communicated to co-conspirators.
For more information, contact our federal criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, CA.
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