Rebellion or Insurrection

18 U.S. Code § 2383 – Rebellion or Insurrection

This section of the United States Code falls under Title 18 (Crimes and Criminal Procedure), Part I (Crimes), Chapter 115 (Treason, Sedition, and Subversive Activities). It criminalizes actions that involve rebellion or insurrection against the U.S. government or its laws.

Full Text of the Statute

Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

Key Elements and Explanation

To establish a violation, federal prosecutors must generally prove:

• The defendant knowingly and willfully incited, initiated, assisted, engaged in, or provided aid/comfort to a rebellion or insurrection.

• “Rebellion” typically implies a broader, coordinated effort to overthrow or undermine the government, while “insurrection” refers to a more localized uprising against authority.

• The actions were directed against the authority of the United States or its laws.

This statute distinguishes between mere advocacy (protected under the First Amendment) and actual incitement or participation in violent or disruptive acts, such as destroying government property or assaulting federal officers. Charges under this section are rare due to free speech protections, but it has been invoked in discussions around events like the January 6, 2021, U.S. Capitol riot—though no convictions under § 2383 resulted from that event.

Penalties

• Fine: Determined under Title 18 (typically up to $250,000 for individuals, though not specified here).

• Imprisonment: Up to 10 years.

• Additional Consequence: Permanent disqualification from holding any federal office.