Differences in penalties between insurrection and seditious conspiracy

Executive summary

The criminal statutes commonly discussed after events like January 6 differentiate sharply in statutory maximum penalties: the rebellion/insurrection statute (18 U.S.C. § 2383) carries a maximum of 10 years’ imprisonment and a bar on holding federal office, while seditious conspiracy (18 U.S.C. § 2384) exposes defendants to significantly higher prison exposure—commonly described as up to 20 years—plus fines under federal law ^{[1] [2] [3]}. Prosecutors often prefer seditious-conspiracy charges because the conspiracy element and higher sentencing range provide greater leverage and established precedent, whereas the insurrection statute is less frequently used despite its dramatic label ^{[4] [5]}.