In the United States, there are both federal and state laws prohibiting

treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

. Treason is defined on the federal level in Article III, Section 3 of the

United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...

as: "only in levying War against

he United States He or HE may refer to: Language * He (pronoun), an English pronoun * He (kana), the romanization of the Japanese kana へ * He (letter), the fifth letter of many Semitic alphabets * He (Cyrillic), a letter of the Cyrillic script called ''He'' in ...

or in adhering to their Enemies, giving them Aid and Comfort." Most state constitutions include similar definitions of treason, specifically limited to levying war against the state, "adhering to the enemies" of the state, or aiding the enemies of the state, and requiring two witnesses or a confession in open court. Fewer than 30 people have ever been charged with treason under these laws.

Federal

Definition: In Article III, Section 3 of the

, treason is specifically limited to levying war against the U.S., or adhering to their enemies, giving them aid and comfort. Penalty: Under U.S. Code Title 18, the penalty is

death Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain ...

, or not less than five years' imprisonment (with a minimum fine of $10,000, if not sentenced to death). Any person convicted of treason against the United States also forfeits the right to hold public office in the United States. The terms used in the definition derive from English legal tradition, specifically the

Treason Act 1351 The Treason Act 1351 is an Act of the Parliament of England which codified and curtailed the common law offence of treason. No new offences were created by the statute. It is one of the earliest English statutes still in force, although it has b ...

. ''Levying war'' means the assembly of armed people to overthrow the government or to resist its laws. ''Enemies'' are subjects of a foreign government that is in open hostility with the United States. Treason does not distinguish between participants and

accessories Accessory may refer to: * Accessory (legal term), a person who assists a criminal In anatomy * Accessory bone * Accessory muscle * Accessory nucleus, in anatomy, a cranial nerve nucleus * Accessory nerve In arts and entertainment * Accessory ...

; all persons who rebel or intentionally give aid to hostilities are subject to the same charge. No person has been executed for treason by the federal government under the Constitution. The small handful of people who have been convicted of the offense at the federal level — such as two militants from the

Whiskey Rebellion The Whiskey Rebellion (also known as the Whiskey Insurrection) was a violent tax protest in the United States beginning in 1791 and ending in 1794 during the presidency of George Washington. The so-called "whiskey tax" was the first tax impo ...

(John Mitchell and Philip Weigel, who were both

pardoned A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the ju ...

by President

George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of th ...

) and several people after

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

— have mostly been pardoned or released.

State

Legal background

Constitutionally, U.S. citizens owe allegiance to at least two government entities: the United States of America and their

state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...

of legal residence. They can therefore potentially commit treason against either, or against both. At least 14 people have been charged with treason against various states; at least six were convicted, five of whom were executed. Only two prosecutions for treason against a state were ever carried out in the U.S.: one against Thomas Dorr and the other after John Brown's conspiracy. It has often been discussed, both legally and in matter of policy, if states should punish treason. Four of the 13 colonies had enacted treason statutes by 1800, and four more had done so by 1820. The remaining four colonies had treason laws by 1862. In 2013, 43 states had treason laws, although 21 of them define this crime solely in their constitutions.

Alabama

Definition: The constitution of Alabama defines treason in similar terms to the United States Constitution. Penalty: Not less than 10 years and not more than 99 years' imprisonment (eligible for parole after lesser of one-half of sentence or 15 years) or life imprisonment (eligible for parole after 10 years). A treason conviction also results in loss of voting rights for life without the possibility of voting restoration.

Arkansas

Definition: Arkansas legislation defines treason similarly to the United States Constitution, limiting it to "levying war against the state" or giving "aid and comfort" to the enemies of the state. Also similarly, conviction requires the testimony of two witnesses to the same overt act, or confession in open court. Penalty: Death, or life imprisonment without the possibility of parole (eligible for parole after 30 years if the defendant was under 18).

California

Definition: Treason against the state of California is defined similarly to the United States Constitution. The California Constitution states that "treason against the State consists only in levying war against it, adhering to its enemies, or giving them aid and comfort. A person may not be convicted of treason except on the evidence of two witnesses to the same overt act or by confession in open court." This is reiterated in Section 37 of the

California Penal Code The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California. It was originally enacted ...

. Penalty: Death, or life imprisonment without the possibility of parole.

Colorado

Penalty: Life imprisonment without the possibility of parole.

Delaware

Definition: The constitution of Delaware defines treason in similar terms to the United States Constitution.

Florida

Penalty: Not less than 5.5 years and not more than 30 years' imprisonment (minimum sentencing guidelines).

Georgia

Penalty: Death, or by imprisonment for life or for not less than 15 years.

Idaho

The state constitution of Idaho specifically disallows gubernatorial respite or reprieve for a conviction for treason.

Illinois

Penalty: Not less than 6 years and not more than 30 years' imprisonment.

Joseph Smith and Hyrum Smith

After escaping custody on charges of treason against Missouri and fleeing to Illinois,

Joseph Smith Joseph Smith Jr. (December 23, 1805June 27, 1844) was an American religious leader and founder of Mormonism and the Latter Day Saint movement. When he was 24, Smith published the Book of Mormon. By the time of his death, 14 years later, he ...

and

Hyrum Smith Hyrum Smith (February 9, 1800 – June 27, 1844) was an American religious leader in the Church of Jesus Christ of Latter Day Saints, the original church of the Latter Day Saint movement. He was the older brother of the movement's founder, J ...

were charged with treason in Illinois, which at that time was a

capital offense Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...

. Augustine Spencer swore out a warrant alleging that the Smith brothers had committed treason by "calling out the

Legion Legion may refer to: Military * Roman legion, the basic military unit of the ancient Roman army * Spanish Legion, an elite military unit within the Spanish Army * Legion of the United States, a reorganization of the United States Army from 179 ...

to resist the force under the command of the Governor." On June 24, 1844, a warrant was issued charging that "Joseph Smith, late of the county aforesaid, did, on or about the nineteenth day of June. A. D. 1844, at the county and state aforesaid, commit the crime of treason against the government and people of the State of Illinois." (Ludlow, pp. 1346–1348) Bail could not be granted for a charge of treason, so Smith was placed in jail where he was accompanied by his brother, Hyrum Smith, and other associates. On June 27, Smith and Hyrum were killed by a mob in jail while they were awaiting trial. (Ludlow, p. 860)

Louisiana

Penalty: Death, or life imprisonment. In Louisiana, all life imprisonment sentences exclude the possibility of parole.

Maine

Definition: The state constitution of Maine defines treason in similar terms to the United States Constitution.

Massachusetts

Penalty: Life imprisonment with the possibility of parole after serving not less than 15 years and not more than 25 years.

Minnesota

Penalty: Life imprisonment with the possibility of parole after serving 17 years.

Mississippi

Penalty: Death or life imprisonment.

Missouri

Definition: Treason is defined in the constitution of the State of Missouri. Penalty: Not less than 10 years and not more than 30 years' imprisonment (eligible for parole after serving one-half of sentence) or life imprisonment (eligible for parole after serving 30 years).

Joseph Smith and others

and five others were charged with treason under Missouri law in 1838, spending over five months in prison, but escaped while awaiting trial. Joseph Smith and Hyrum Smith were later charged with treason against Illinois ( above).;.

Nevada

Penalty: Not less than 2 years and not more than 10 years' imprisonment (if imprisonment is imposed).

New York

Penalty: 15-40 years in prison or Life imprisonment and a $100,000 fine. Though treason doesn't have a New York Penal Law Statute, it is punished as a class A-1 felony.

Mark Lynch, Aspinwall Cornell, and John Hagerman

During the

War of 1812 The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States of America and its indigenous allies against the United Kingdom and its allies in British North America, with limited participation by Spain in Florida. It bega ...

, Mark Lynch, Aspinwall Cornell, and John Hagerman sold supplies to British ships. However, the court dismissed the indictments because it was deemed the war was against the United States and not the state of New York.

North Carolina

Article I, Section 29, of the State Constitution is similar to Article III, Section 3 of the United States Constitution, limiting the legal definition of "treason" to levying war against the State or giving "aid and comfort" to the enemies of the State. Conviction requires two witnesses to the act itself, or a confession in open court.

John Sevier

John Sevier John Sevier (September 23, 1745 September 24, 1815) was an American soldier, frontiersman, and politician, and one of the founding fathers of the State of Tennessee. A member of the Democratic-Republican Party, he played a leading role in Tennes ...

, then governor of the

State of Franklin The State of Franklin (also the Free Republic of Franklin or the State of Frankland)Landrum, refers to the proposed state as "the proposed republic of Franklin; while Wheeler has it as ''Frankland''." In ''That's Not in My American History Boo ...

and later the first governor of the State of

Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...

, was charged with treason against the State of

North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...

in October 1788. After being transported to North Carolina, he was freed. The charge was never brought to trial.

North Dakota

Penalty: Not more than 20 years' imprisonment.

Oregon

Penalty: Life imprisonment with the possibility of parole after serving 25 years.

Pennsylvania

On 1892, after the Homestead strikes, Hugh O'Donnell and others were inducted for treason, .

Rhode Island

Penalty: Life imprisonment with the possibility of parole after serving 20 years.

Thomas Dorr

Thomas Wilson Dorr Thomas Wilson Dorr (November 5, 1805December 27, 1854), was an American politician and reformer in Rhode Island, best known for leading the Dorr Rebellion. Early life, family, and education Thomas Wilson Dorr was born in Providence, Rhode Isla ...

was convicted of treason against Rhode Island in 1844 for leading a

rebellion Rebellion, uprising, or insurrection is a refusal of obedience or order. It refers to the open resistance against the orders of an established authority. A rebellion originates from a sentiment of indignation and disapproval of a situation and ...

against the state government, and sentenced to life imprisonment. Dorr served twelve months of his sentence. He was released in 1845 after the Rhode Island state legislature passed an Act of General Amnesty. In January 1854 the legislature passed an act annulling the verdict of the

Rhode Island Supreme Court The Rhode Island Supreme Court is the court of last resort in the U.S. State of Rhode Island. The Court consists of a Chief Justice and four Associate Justices, all selected by the Governor of Rhode Island from candidates vetted by the Judicial No ...

South Carolina

Penalty: Death or not more than 30 years' imprisonment (if committed during time of war) or not more than 20 years' imprisonment (if not committed during time of war).

South Dakota

Definition: The state constitution of South Dakota defines treason in similar terms to the United States Constitution.

Tennessee

Tennessee has repealed its treason law. However, a person convicted of treason can never be eligible to vote in Tennessee.

Texas

Penalty: Not less than 1 year and not more than 20 years' imprisonment.

Vermont

Definition: levying war or conspiring to levy war against the state, or adhering to the enemy. This definition, in Title 13, Chapter 75, § 3401 of Vermont Statutes, echoes the definition found in the United States Constitution. Penalty: Death by electrocution. Vermont criminal law maintains capital punishment specifically for treason. No other crime is punishable by death. The method of execution is specified as

electrocution Electrocution is death or severe injury caused by electric shock from electric current passing through the body. The word is derived from "electro" and "execution", but it is also used for accidental death. The term "electrocution" was coined ...

. Vermont's electric chair, last used in 1954, is stored in the Vermont History Center in

Barre, Vermont Barre, Vermont may refer to: *Barre (city), Vermont *Barre (town), Vermont Barre ( ) is a New England town, town in Washington County, Vermont, Washington County, Vermont, United States. The population was 7,923 at the 2020 census, making it the 3r ...

Virginia

Penalty: Not less than 20 years' imprisonment or life imprisonment with the possibility of parole after serving 15 years (if imprisonment is imposed).

Raid on Harper's Ferry

John Brown John Brown most often refers to: *John Brown (abolitionist) (1800–1859), American who led an anti-slavery raid in Harpers Ferry, Virginia in 1859 John Brown or Johnny Brown may also refer to: Academia * John Brown (educator) (1763–1842), Ir ...

was charged with treason against the Commonwealth of Virginia, along with conspiracy and first-degree murders after he led his raid on Harper's Ferry in 1859. In '' Virginia v. John Brown'', he was found guilty on all three charges and hanged. Edwin Coppie (also known as Edwin Coppock) and

Aaron Dwight Stevens Aaron Dwight Stevens (sometimes misspelled Stephens) (March 15, 1831 – March 16, 1860) was an American abolitionist. The only one of John Brown's raiders with military experience, he was the chief military aide to Brown during his failed ...

were also charged, convicted, and hanged for treason against the Commonwealth of Virginia and other crimes. The charges of treason against

John Anthony Copeland Jr. John Anthony Copeland Jr. (August 15, 1834 – December 16, 1859) was born free in Raleigh, North Carolina, one of the eight children born to John Copeland Sr. and his wife Delilah Evans, free mulattos, who married in Raleigh in 1831. Delilah was ...

and

Shields Green Shields Green (1836? – December 16, 1859), who also referred to himself as "'Emperor"', was, according to Frederick Douglass, an escaped slave from Charleston, South Carolina, and a leader in John Brown's raid on Harpers Ferry, in October 185 ...

were dropped, since their lawyer argued successfully that since they were not citizens of the United States, according to the

Dred Scott decision ''Dred Scott v. Sandford'', 60 U.S. (19 How.) 393 (1857), was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, enslaved or free; th ...

, they could not commit treason; they were convicted and hanged for other crimes. Albert Hazlett and John E. Cooke were charged with treason against the Commonwealth of Virginia and found not guilty of treason, but were convicted of other crimes.

Washington

Definition: The state constitution and statutory law of Washington define treason in similar terms to the United States Constitution, except that adhering to enemies and giving them aid are distinct forms of treason, not elements of a single form. Penalty: Life imprisonment with the possibility of parole after serving 20 years, or any term of years. Treason is a "Class A" felony under sentencing guidelines, and current guidelines provide for a maximum sentence of life in prison and/or a $50,000 fine.

West Virginia

Penalty: Life imprisonment with the possibility of parole after serving 10 years or not less than 3 years and not more than 10 years' imprisonment (latter sentence able to be imposed at discretion of jury or court if defendant pleads guilty).

Wisconsin

Penalty: Life imprisonment with or without the possibility of parole (eligible in 20 years, if sentenced to life with parole).

Tribal law

While treason is a criminal matter under federal and state laws, it may be considered a civil matter under tribal law. The

U.S. federal government The federal government of the United States (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States, a federal republic located primarily in North America, composed of 50 ...

recognizes tribal nations as "domestic dependent nations".

Tribal sovereignty Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States. Originally, the U.S. federal government recognized American Indian trib ...

is a form of parallel sovereignty within the U.S. constitutional framework, constrained by but not subordinate to other sovereign entities. The ''

Indian Civil Rights Act The Civil Rights Act of 1968 () is a landmark law in the United States signed into law by United States President Lyndon B. Johnson during the King assassination riots. Titles II through VII comprise the Indian Civil Rights Act, which applie ...

'' limits sentences for crimes by tribal courts to no more than one year in jail and a $5,000 fine. There is at least one case of punishment for treason under tribal law. In 1992, the

Tonawanda Band of Seneca The Tonawanda Seneca Nation (previously known as the Tonawanda Band of Seneca Indians) ( see, Ta:nöwö:deʼ Onödowáʼga꞉ Yoindzadeʼ) is a federally recognized tribe in the State of New York. They have maintained the traditional form of gover ...

convicted several members of treason, stripped their tribal membership, and sentenced them to permanent banishment from the

Tonawanda Reservation The Tonawanda Indian Reservation ( see, Ta:nöwöde') is an Indian reservation of the Tonawanda Seneca Nation located in western New York, United States. The band is a federally recognized tribe and, in the 2010 census, had 693 people living on t ...

for attempting to overthrow the traditional government.

References

{{USArticleIII State law in the United States United States criminal law * Treason in the United States United States criminal constitutional law