Malcolm Rivera
Treason is a unique crime in the US Constitution, with severe penalties for those who betray their allegiance to the nation. The punishment for treason is outlined in Article III, Section 3 of the US Constitution, which specifies that treason consists of levying war against the US or aiding its enemies. The penalties for treason are harsh, including the death penalty, life imprisonment, and substantial fines, with variations in punishment across different states. The rarity of state treason prosecutions is notable, as most treasonous acts threaten the entire nation rather than a single state. The power to declare the punishment for treason rests with Congress, and the definition of treason in the Constitution serves as a safeguard against false or flimsy prosecutions.
| Characteristics | Values |
|---|---|
| Definition | In Article III, Section 3 of the United States Constitution, 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, or not less than five years' imprisonment (with a minimum fine of $10,000, if not sentenced to death). |
| Additional Penalty | Any person convicted of treason against the United States also forfeits the right to hold public office in the United States. |
| State Treason Prosecutions | State treason prosecutions are extremely rare. By most accounts, only three people have ever been charged with treason on the state level. |
| Treason Definition | Treason is a breach of allegiance, and can be committed by someone who owes allegiance either perpetual or temporary. |
| Treason Applicability | Treason does not apply to foreign nationals who don't owe any allegiance to the United States. However, it does apply to American citizens holding dual citizenship and aliens domiciled in the United States. |
| Misprision of Treason | Whoever, owing allegiance to the United States and having knowledge of treason, does not disclose it to the President or a judge is guilty of misprision of treason and shall be fined or imprisoned for not more than seven years, or both. |
| Seditious Conspiracy | Seditious conspiracy involves conspiring to overthrow or destroy the government by force, prevent or hinder the execution of any law, or seize U.S. property. |
| Insurrection or Rebellion | Insurrection involves inciting, assisting, or engaging in an act of open resistance against the authority, laws, or operations of the government. |
| Espionage | Espionage involves translating enemy statements into English or producing training material on international law that an enemy organization could use. |
| Penalty in Washington | 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, with a maximum sentence of life in prison and/or a $50,000 fine. |
| Penalty in Alabama | Not less than 10 years and not more than 99 years' imprisonment (eligible for parole after the lesser of half the sentence or 15 years) or life imprisonment (eligible for parole after 10 years). A treason conviction also results in the loss of voting rights for life. |
| Penalty in Arkansas | Death, or life imprisonment without the possibility of parole (eligible for parole after 30 years if the defendant was under 18). |
| Penalty in California | Death, or life imprisonment without the possibility of parole. |
| Penalty in Idaho | Death, or by imprisonment for life or for not less than 15 years. |
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What You'll Learn
Treason penalties in the US Constitution
Treason is the only crime that is expressly defined by the US Constitution. According to Article III, Section 3, treason against the United States consists of levying war against the US or providing aid and comfort to its enemies. The Constitution also authorises Congress to set the penalties for treason but not to alter its definition or create degrees of treason.
The penalty for treason under US Code Title 18 is death or life imprisonment, or not less than five years' imprisonment with a minimum fine of $10,000 if not sentenced to death. Additionally, those convicted of treason forfeit the right to hold public office in the United States.
The definition of treason in the US Constitution is mirrored by most state constitutions, with some slight variations. For example, the state constitution of Alabama defines treason similarly but imposes a penalty of not less than 10 years and not more than 99 years' imprisonment, with the possibility of parole after serving half of the sentence or 15 years.
The state constitution of Delaware also defines treason in similar terms but sets a penalty of not less than 5.5 years and not more than 30 years' imprisonment. The state treason law in Washington defines adhering to enemies and giving them aid as distinct forms of treason, with penalties including life imprisonment with the possibility of parole after 20 years, or any term of years.
The rarity of state treason prosecutions is due to the fact that most treason threatens the nation as a whole, rather than a single state. Treason does not apply to foreign nationals who do not owe allegiance to the US, but it does apply to American citizens with dual citizenship and aliens domiciled in the US who owe temporary allegiance to the country.
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State-level treason penalties
Treason is a unique offense in the US constitutional order, as it is the only crime expressly defined by the Constitution. It is defined in Article III, Section 3 of the US Constitution as levying war against the US or aiding its enemies. The penalty for treason at the federal level is death or not less than five years' imprisonment, with a minimum fine of $10,000 if not sentenced to death.
At the state level, treason penalties vary. Here is a look at some state-level treason penalties:
Vermont
Vermont's definition of treason echoes the US Constitution, defining it as levying war or conspiring to levy war against the state, or adhering to the enemy. The penalty for treason in Vermont is death by electrocution. This is the only crime punishable by death in the state. Alternatively, the penalty can be not less than 20 years' imprisonment or life imprisonment with the possibility of parole after serving 15 years.
Alabama
Alabama's constitution defines treason in similar terms to the US Constitution. The penalty for treason in Alabama is not less than 10 years and not more than 99 years' imprisonment, with the possibility of parole after serving half of the sentence or 15 years. Alternatively, the penalty can be life imprisonment with the possibility of parole after 10 years. A treason conviction in Alabama also results in the loss of voting rights for life.
Arkansas
Arkansas defines treason similarly to the US Constitution, limiting it to "levying war against the state" or giving "aid and comfort" to the state's enemies. The penalty for treason in Arkansas is death or life imprisonment without the possibility of parole, with the possibility of parole after 30 years if the defendant was under 18. Like Alabama, a treason conviction in Arkansas requires the testimony of two witnesses to the same overt act or a confession in open court.
California
California's definition of treason is also similar to the US Constitution. The penalty for treason in California is death or life imprisonment without the possibility of parole. Like Arkansas, California requires the evidence of two witnesses to the same overt act or a confession in open court for a treason conviction.
Delaware
Delaware's constitution defines treason in line with the US Constitution. The penalty for treason in Delaware is not less than 5.5 years and not more than 30 years' imprisonment. The governor of Delaware may grant reprieves until the adjournment of the regular session of the legislature convening after the conviction.
Idaho
The state constitution of Idaho specifically disallows gubernatorial respite or reprieve for a conviction for treason. The penalty for treason in Idaho is not less than six years and not more than 30 years' imprisonment.
These state-level treason penalties demonstrate the varying approaches to punishing this rare but serious crime.
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Who can be charged with treason?
Treason is a unique offense in the US constitutional order, as it is the only crime expressly defined by the Constitution. According to Article III, Section 3, treason against the United States consists of levying war against the US or adhering to and aiding its enemies. The Constitution's framers included this clause to protect against the historic use of treason prosecutions by repressive governments to silence legitimate political opposition.
Treason can be committed by anyone who owes allegiance to the US, either perpetual or temporary. This includes US citizens, those with dual citizenship, and aliens domiciled in the US. Notably, treason does not apply to foreign nationals who do not owe any allegiance to the country.
To prove treason, the prosecution must present either a confession or the testimony of two witnesses testifying to the same "overt act" by the defendant. An overt act is one that demonstrates criminal intent and advances the commission of a crime. It is important to note that the act itself need not be criminal, and a wide range of actions can qualify as treasonous, from online posts to providing weapons.
The punishment for treason is severe and can include the death penalty, life imprisonment, or substantial fines. Additionally, those convicted of treason forfeit their right to hold public office in the United States.
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The Treason Clause
Treason is the only crime that is expressly defined by the US Constitution. According to Article III, Section 3, treason against the United States consists of levying war against the US or providing aid and comfort to its enemies. The Treason Clause is principally designed to protect core individual rights, especially the freedom of expression and dissent.
The Framers of the Constitution shared the centuries-old view that all citizens owed a duty of loyalty to their nation. They included the Treason Clause not to underscore the seriousness of such a betrayal but to guard against the historic use of treason prosecutions by repressive governments to silence legitimate political opposition. The debate surrounding the Clause at the Constitutional Convention focused on ways to narrowly define the offence and protect against false or flimsy prosecutions.
The Constitution requires some sort of action before a person can be convicted of treason. This line between conduct and conscience aligns with First Amendment values. The First Amendment is the primary limitation on treason prosecutions. While it allows people to express anger toward the government, it does not protect speech that is likely to incite others to violence. Words can serve as proof of treasonous intent, but they usually cannot constitute treason by themselves.
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The First Amendment and treason
The First Amendment is the primary limitation on treason prosecutions. Freedom of speech allows people to express anger toward the government, even a desire to overthrow it, but it doesn't protect speech that is likely to incite others to violence. The Treason Clause, much like the Constitution's first ten amendments, is designed to protect core individual rights, especially freedom of expression and dissent.
The Framers believed there was a crucial distinction between traitorous actions and treasonous thoughts. The Constitution requires some sort of action before a person can be convicted of treason. This line between conduct and conscience aligns with First Amendment values and is one that should be respected beyond the confines of treason. The Framers also recognised that national security offences are more likely to inflame public passions and therefore deserve heightened procedural protections.
Treason is defined as intentionally betraying one's allegiance by levying war against the government or giving aid or comfort to its enemies. It is punishable by imprisonment and death. The penalty for treason is death, 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.
The Constitution also narrowed the scope of punishment for treason compared to English common law. The final clause of this Section establishes that Congress shall have the power to declare the punishment for treason, but not to change the definition or create degrees of treason.
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Frequently asked questions
Treason is defined in Article III, Section 3 of the United States Constitution as levying war against the U.S. or aiding their enemies.
Only Americans who have betrayed the allegiance they are presumed to owe to the United States can be charged with treason. It also applies to American citizens holding dual citizenship and aliens domiciled in the United States.
The penalty for treason is death or life imprisonment with or without the possibility of parole. Imprisonment can be for a minimum of 5 years, with a minimum fine of $10,000, and the loss of the right to hold public office.
The Constitution states that Congress has the power to declare the punishment for treason.
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