Fact check: What are the penalties for violating the Posse Comitatus Act and how is it enforced?

1. Summary of the results

The Posse Comitatus Act carries clear legal penalties: violators can be fined, imprisoned for up to two years, or both ^{[1] [2]}. However, the most striking finding is that despite these established penalties, no one has ever been criminally prosecuted under the Act throughout its history ^[2].

2. Missing context/alternative viewpoints

Several crucial contextual elements are missing from the original question:

• Administrative vs. Criminal Enforcement: While criminal penalties exist, enforcement is primarily handled through administrative channels ^[1], including:
• Reprimands
• Demotions
• Removal from command
• Burden of Proof: Prosecutors must demonstrate intentional misuse of military personnel in a prohibited enforcement role ^[1]
• Real-world Application: A specific case demonstrates this enforcement pattern: when military police improperly assisted local law enforcement after a shooting, the violation resulted only in administrative action against an unnamed individual, not criminal charges ^[3]

3. Potential misinformation/bias in the original statement

The question itself could be misleading by implying that the Act is regularly enforced through its stated criminal penalties. In reality:

• The Act's criminal penalties, while clearly defined, serve more as a deterrent than an actively used enforcement mechanism ^[2]
• The focus on criminal penalties overlooks the more common administrative enforcement approach ^{[1] [3]}
• The question might create a false impression about the Act's practical application, as it doesn't acknowledge the significant gap between written penalties and actual enforcement practices ^{[2] [3]}

This enforcement pattern benefits military leadership by providing flexibility in handling violations through internal channels rather than public criminal proceedings, while also protecting service members from severe criminal penalties for technical violations.