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What federal laws define and penalize seditious conspiracy and sedition in the U.S.?
Executive summary
Federal law does not currently contain a standalone crime simply called “sedition”; Congress instead criminalizes seditious conduct primarily through 18 U.S.C. § 2384 (seditious conspiracy), which makes it a felony for two or more people to conspire to use force against the United States and carries a maximum prison term of 20 years [1] [2] [3]. Chapter 115 of Title 18 groups treason, sedition, and subversive activities and includes related statutes and historical provisions, although some items previously listed have been repealed or removed over time [4] [5].
1. What the main federal statute actually says — the text and penalty
The core federal provision most reporters and lawyers mean when they say “sedition” in modern U.S. practice is 18 U.S.C. § 2384, seditious conspiracy: if two or more persons conspire to “overthrow, put down, or to destroy by force the Government of the United States,” to “levy war,” to “oppose by force the authority thereof,” or by force to “prevent, hinder, or delay the execution of any law,” each is subject to fines or imprisonment for up to 20 years [1] [2] [3].
2. “Sedition” as a label — what reporters and officials often mean
News outlets and officials often say “sedition” as shorthand, but federal prosecutors usually charge the statutory offense of seditious conspiracy or related crimes rather than a generic “sedition” count; Reuters, for example, notes that “for civilians, U.S. law has no provision for a charge of sedition,” while pointing out that seditious conspiracy carries a 20‑year maximum [6]. Legal commentators and government trackers likewise emphasize that modern enforcement centers on § 2384 and adjacent statutes in Chapter 115 [7] [8].
3. How courts and scholars treat the statute — burden of proof and limits
Court and academic analysis stresses that § 2384 requires proof that defendants conspired to use force — not merely that they expressed unpopular views — and prosecutors must show an agreement and steps toward a forcible objective; commentators warn the statute’s breadth has historically risked abuse, so federal authorities focus on overt acts and violence-related conduct to avoid First Amendment problems [9] [10] [7].
4. Chapter 115 context — treason, sedition, and subversive activity laws
18 U.S. Code Chapter 115 collects statutes on treason, sedition, and related subversive activities; it contains multiple provisions that define and penalize conduct around rebellion, advocacy of overthrow, and conspiracy — although some temporary or obsolete items (e.g., certain extensions) have been struck from the code over time [4] [5]. Historic statutes such as the Alien and Sedition Acts are part of the broader story but are separate from today’s § 2384 regime [11].
5. Related federal provisions sometimes invoked alongside § 2384
Legal summaries and educational resources point out that offenses sometimes discussed with seditious conspiracy include statutes outlawing advocacy of overthrow (often cited as § 2385 in background materials) and other criminal provisions against rebellion or insurrection; these laws can carry different penalties (some sources contrast penalties for insurrection and seditious conspiracy) and are applied depending on the conduct alleged [12] [13] [11].
6. Enforcement in recent high‑profile cases — practice not theory
Recent high‑profile prosecutions (e.g., post‑January‑6 cases) demonstrate how prosecutors use § 2384 to pursue those alleged to have plotted or coordinated force to impede the transfer of power; reporting and legal analysis note that convictions have come where the government proved conspiratorial planning and conduct beyond mere speech [1] [14] [10].
7. What the sources do not say or resolve
Available sources do not mention any new, separate federal statute enacted by Congress in 2024–2025 that creates a distinct offense labeled “sedition” apart from § 2384 and the Chapter 115 provisions; they also do not provide a uniform list of every ancillary statute historically tied to “sedition” beyond the cited code sections (not found in current reporting) [4] [5].
8. Practical takeaway and competing viewpoints
Statutory fact: seditious conspiracy is codified at 18 U.S.C. § 2384 and carries up to 20 years’ imprisonment [2] [3]. Legal perspective: some experts urge caution because the statute’s reach can touch protected political speech if applied too broadly, while prosecutors argue it is a necessary tool to deter and punish coordinated violent attacks on government functions [10] [9]. Journalistic coverage and government statements often simplify “seditious conspiracy” to “sedition” in headlines; readers should distinguish the political label from the actual statutory elements and penalties described above [6] [1].