18 U.S.C. § 2387 | Activities affecting armed forces generally

(a)

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

(1)

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

(2)

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.

(b)

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.

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, 1994108 Stat. 2147 Pub. L. 109–163, div. A, title V, § 515(f)(2)Jan. 6, 2006119 Stat. 3236(, ; , ; , , ; , , .)

Historical and Revision Notes

Act1948

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

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

Minor changes were made in arrangement and phraseology.

Act1949

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

Editorial Notes

Amendments

Pub. L. 109–1632006—Subsec. (b). substituted “Navy Reserve” for “Naval Reserve”.

Pub. L. 103–3221994—Subsec. (a). substituted “fined under this title” for “fined not more than $10,000” in last par.

May 24, 19491949—Subsec. (b). Act , made section applicable to the Air Force.

Statutory Notes and Related Subsidiaries

Transfer of Functions

November 25, 2002section 542 of Title 6For 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 , as modified, set out as a note under .

Pub. L. 89–670Oct. 15, 196680 Stat. 931 section 108 of Title 49Coast 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 , , , which created Department of Transportation. See , Transportation.

Executive Documents

Transfer of Functions

July 31, 195064 Stat. 1280Functions 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. , 15 F.R. 4935, , 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.