{"id":352172,"date":"2023-08-08T13:49:08","date_gmt":"2023-08-08T18:49:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/treason.html"},"modified":"2023-08-08T13:49:08","modified_gmt":"2023-08-08T18:49:08","slug":"treason","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/treason.html","title":{"rendered":"Treason"},"content":{"rendered":"\n
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Understanding Treason: History of the U.S. Treason Law and Modern Cases<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Treason is the only crime defined in the U.S. Constitution, involving acts like waging war against the country or aiding its enemies, and requires strict evidence for conviction. While historical cases shaped its definition, modern cases more often involve related crimes like seditious conspiracy or misprision of treason. <\/p>\n\n <\/div>\n\n\n\n

While treason remains rare, related charges like seditious conspiracy are increasingly used to address modern threats to national security.<\/p>\n

This article explains treason’s historical roots and constitutional definition. You’ll also learn what treason charges can look like today, including a recent high-profile case. While rare, treason is one of the most serious crimes a person can commit against their country. If you are facing this type of offense (or any type of federal felony charge), you will want expert legal representation on your side. Contact an experienced defense attorney<\/a> for help.<\/p>\n

Historical Background of Treason Charges<\/h2>\n

Benedict Arnold was a hero of the American Revolutionary War. He helped capture Fort Ticonderoga from the British in 1775 and played an essential role in surrendering a British general in 1777. But he became disillusioned by what he perceived as a lack of recognition for his service.<\/p>\n

In 1779, Arnold colluded with the British to help capture the U.S. base at West Point in exchange for money and a lucrative post with the British army. The U.S. discovered the plot and Arnold fled to New York, joining the British army. His attempt to thwart the American Revolution earned him the status of the\u00a0most-reviled traitor in U.S. history<\/a>.<\/p>\n

Less than a decade later, the United States Constitution added the charge of\u00a0treason<\/a>. Perhaps with Arnold’s betrayal still fresh in the minds of the Founding Fathers, it is the only crime defined in the Constitution. But what does federal law say, and what precisely makes up an act of treason in the United States? Explore this severe crime against the government in more detail below.<\/p>\n

Treason: What the Constitution Says<\/h2>\n

The gravity of the crime of treason is indeed heavy. It is the only crime explicitly worded in the United States Constitution, described in\u00a0Article III Section 3<\/a>. It states that treason is levying war against the United States or adhering to their enemies by giving them aid or comfort.<\/p>\n

One of the reasons for adding the crime of treason to the Constitution was to limit the ability of Congress to define or modify it for political purposes. The Constitution only maintained the power of Congress to declare the punishment for this act.<\/p>\n

The Statutory Prohibition on Treason: Overview<\/h2>\n

The United States Code\u00a018 U.S.C. \u00a7 2381<\/a>\u00a0repeats the definition of treason as stated in the Constitution. This section in the U.S. Code elaborates on the penalties provided to those convicted of this crime.<\/p>\n

A person guilty of treason may face severe consequences. The Constitution specifically defined its range from imprisonment of a minimum of five years to a death sentence. The court can also impose a fine of at least $10,000. Additionally, the individual convicted is barred from holding any official position in the country.<\/p>\n

As with any other crime in our judicial system, the prosecution must prove the necessary elements to get a conviction for treason. These include the following:<\/p>\n