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Fact check: What's defined as treason in the US?

Checked on June 23, 2025

1. Summary of the results

Based on the analyses provided, treason in the United States has a very specific and narrow constitutional definition. According to Article III, Section 3 of the U.S. Constitution, treason consists of only two types of conduct: levying war against the United States or adhering to their enemies, giving them aid and comfort [1] [2] [3] [4].

Treason is unique as the only crime explicitly defined in the Constitution [3]. The constitutional framers deliberately created strict requirements for proving treason, including:

  • Two witnesses to the same overt act OR confession in open court [3] [5]
  • The narrow scope limits treason to these two specific acts only [3]

Regarding punishment, the current federal law under U.S. Title 18 prescribes death or imprisonment for not less than five years and a fine of not less than $10,000 [6]. Contrary to some online claims, "public hanging" is not listed as a punishment for treason in U.S. code [6].

2. Missing context/alternative viewpoints

The analyses reveal several important contextual elements often missing from discussions about treason:

Historical Context and Misconceptions:

  • Many actions that people commonly label as "treasonous" do not actually meet the constitutional definition, such as coordinating with Russia or not standing for the president, despite being considered reprehensible or criminal [7]
  • The narrow definition was intentionally crafted by the framers to prevent the broad application of treason charges that had been abused in English law [3]

Presidential Accountability:

  • Even presidents are subject to treason charges, with the process involving impeachment, Senate trials, and the principle that no one is above the law [8]
  • The strict constitutional criteria apply equally regardless of the accused person's position [8]

State vs. Federal Definitions:

  • While the federal definition is clear, various state constitutions also echo this definition, suggesting consistency across jurisdictions [4]

3. Potential misinformation/bias in the original statement

The original question "What's defined as treason in the US?" is straightforward and factual, seeking legitimate legal information without apparent bias. However, the analyses reveal that misinformation commonly circulates around this topic:

  • False claims about punishment methods exist, specifically regarding "public hanging" as a current legal penalty [6]
  • Overuse of the term "treason" in political discourse often misapplies the constitutional definition to actions that don't meet the legal threshold [7]
  • The narrow constitutional definition is frequently overlooked in favor of broader, colloquial interpretations that lack legal basis [7]

The question itself appears to be seeking accurate legal information rather than promoting any particular viewpoint, making it a legitimate inquiry into constitutional law.

Want to dive deeper?
What are the different types of treason in US law?
How many people have been convicted of treason in the US since 2000?
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Can US citizens be charged with treason for actions taken abroad?
What is the process for prosecuting treason cases in US federal courts?