§ 2387. Activities affecting armed forces generally

Statutory text

Whoever, with intent to interfere with, impair, or influence the loyalty, morale, or discipline of the military or naval forces of the United States:

advises, counsels, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States; or

distributes or attempts to distribute any written or printed matter which advises, counsels, or urges insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States—

Shall be fined under this title or imprisoned not more than ten years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

For the purposes of this section, the term “military or naval forces of the United States” includes the Army of the United States, the Navy, Air Force, Marine Corps, Coast Guard, Navy Reserve, Marine Corps Reserve, and Coast Guard Reserve of the United States; and, when any merchant vessel is commissioned in the Navy or is in the service of the Army or the Navy, includes the master, officers, and crew of such vessel.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 2387
June 25, 1948, ch. 645, 62 Stat. 811
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 811
1949
Public Law not identified
Changed · 18 U.S.C. § 2387(b)
Subsec. (b). Act May 24, 1949, made section applicable to the Air Force
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (b). Act May 24, 1949, made section applicable to the Air Force.
1994
Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330016(1)(L) · 108 Stat. 1796
Substituted · 18 U.S.C. § 2387(a)
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000” in last par
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000” in last par.
Enacted provision · exact public law section
(L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332, 335, 337, 351, 371, 437, 440, 441, 493, 496, 500, 510, 545, 595, 599, 600, 601, 641, 664, 665, 667, 757, 792, 793, 798, 844, 892, 893, 894, 924, 952, 955, 962, 963, 964, 965, 966, 967, 970, 1001, 1002, 1003, 1019, 1020, 1022, 1023, 1027, 1082, 1084, 1115, 1202, 1361, 1362, 1364, 1365, 1385, 1461, 1462, 1464, 1587, 1623, 1654, 1656, 1735, 1737, 1751, 1902, 1903, 1904, 1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101, 2113, 2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274, 2275, 2314, 2315, 2383, 2386, 2387, 2388, and 2512 by striking “not more than $10,000” each place it appears and inserting “under this title”;
2006
National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 div. A title V § 515(f)(2) · 119 Stat. 3136
Substituted · 18 U.S.C. § 2387(b)
Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.
Enacted provision · exact public law section
(2) Title 18, united states code.— Section 2387(b) of title 18, United States Code, is amended by striking “Naval Reserve” and inserting “Navy Reserve”.

2 of 4 references resolved to an enrolled provision · 1 partial · 1 unresolved

Notes

Historical and Revision Notes

1948 Act

Based on title 18, U.S.C., 1940 ed., §§ 9, 11, 13 (June 28, 1940, ch. 439, title I, §§ 1, 3, 5, 54 Stat. 670, 671).

Section consolidates sections 9, 11, and 13 of title 18, U.S.C., 1940 ed., with only such changes of phraseology as were necessary to effect consolidation.

The revised section extends the provisions so as to include the Coast Guard Reserve in its coverage.

Words “upon conviction thereof” were omitted as unnecessary, as punishment cannot be imposed until conviction is secured.

Reference to conspiracy to commit any of the prohibited acts was omitted as covered by the general law incorporated in section 371 of this title. (See reviser’s note under that section.)

Minor changes were made in arrangement and phraseology.

1949 Act

This section [section 46] inserts the words, “Air Force,” in subsection (b) of section 2387 of title 18, U.S.C., in view of the establishment in 1947 of this separate branch of the armed services.

Editorial Notes

Amendments1949–2006 · 3 rounds

2006

Subsec. (b). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

1994

Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000” in last par.

1949

Subsec. (b). Act May 24, 1949, made section applicable to the Air Force.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Coast Guard transferred to Department of Transportation and functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, which created Department of Transportation. See section 108 of Title 49, Transportation.

Executive Documents

Transfer of Functions

Functions of all officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26, of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. Such plan excepted from transfer functions of Coast Guard and Commandant thereof when Coast Guard is operating as a part of the Navy under former sections 1 and 3 (now 101 and 103) of Title 14, Coast Guard.

Credits

1948–2006 · 4 acts

1948June 25, 1948, ch. 645, 62 Stat. 811
1949May 24, 1949, ch. 139, § 46, 63 Stat. 96
1994Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147
2006Pub. L. 109–163, div. A, title V, § 515(f)(2), Jan. 6, 2006, 119 Stat. 3236.

Show as published

(June 25, 1948, ch. 645, 62 Stat. 811; May 24, 1949, ch. 139, § 46, 63 Stat. 96; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 109–163, div. A, title V, § 515(f)(2), Jan. 6, 2006, 119 Stat. 3236.)