Seditious conspiracy refers to an agreement between two or more persons to overthrow, put down, or to destroy by force the government of the United States, or to oppose by force the authority thereof. This charge is typically brought against those who plan or attempt to disrupt the functioning of the government through violent means. It is considered a severe federal offense, often tied to acts of terrorism or rebellion against the state.
Under federal law, specifically 18 U.S.C. § 2384, seditious conspiracy is punishable by up to 20 years in prison. However, states may also have their own statutes and penalties related to acts of conspiracy or sedition. The following sections outline how seditious conspiracy charges are treated across various states in the U.S.
Seditious Conspiracy Laws
Seditious conspiracy is primarily prosecuted under federal law, but several states have laws that address similar crimes, such as conspiracy to commit rebellion or incitement to violence against the government. In many cases, state laws overlap with federal statutes, allowing both state and federal charges to be brought against individuals involved in seditious activities.
State laws may differ in how they define the elements of seditious conspiracy and the associated penalties. Generally, a conviction requires proof of an agreement to use force against the government, and that at least one overt act was committed in furtherance of the conspiracy. Some states may have broader definitions that include incitement to violence or other forms of rebellion.
Seditious Conspiracy Sentencing Guidelines
Under federal law, seditious conspiracy carries a maximum penalty of 20 years in prison, as well as fines. The severity of the sentence can depend on the specific actions taken by the conspirators, their roles in the conspiracy, and whether the plot was executed or thwarted before any harm occurred. In cases where the conspiracy leads to loss of life or significant property damage, additional charges and enhanced penalties may apply.
States may impose their own penalties for seditious conspiracy or related crimes. These can vary widely, with some states imposing long prison sentences and hefty fines, while others may have lesser penalties or rarely prosecute such cases.
Seditious Conspiracy Cases
Some notable cases of seditious conspiracy that have been prosecuted in the United States include:
- The trial of the leaders of the 1993 World Trade Center bombing, who were charged with seditious conspiracy for their roles in the attack and their plans to target other government buildings.
- The prosecution of members of the Michigan-based Hutaree militia, who were accused of plotting to kill law enforcement officers as part of a broader plan to spark a rebellion against the government.
- The 2021 indictment of members of the Oath Keepers and Proud Boys for their roles in the January 6th Capitol riot, where they were charged with seditious conspiracy for their efforts to disrupt the certification of the 2020 Presidential election.
Seditious Conspiracy News
- Oath Keepers Found Guilty of Seditious Conspiracy – Members of the Oath Keepers militia group were convicted of seditious conspiracy in connection with the January 6th Capitol attack.
- Michigan Militia Members Convicted in Seditious Conspiracy Case – Several members of a Michigan militia were convicted of seditious conspiracy for plotting to kidnap the state’s governor and incite a civil war.
- Seditious Conspiracy Charges Filed Against Capitol Rioters – Federal prosecutors filed seditious conspiracy charges against additional individuals involved in the January 6th attack.
Seditious Conspiracy Laws By State
While seditious conspiracy is primarily a federal crime, certain states have their own laws addressing conspiracy and sedition. Below is a summary of how some states handle seditious conspiracy and related offenses:
Alabama
Under Code of Alabama Section 13A-10-4:
- Seditious conspiracy can result in fines up to $10,000 and imprisonment for up to 10 years.
Alaska
Under Alaska Stat. Section 11.56.850:
- Seditious conspiracy can lead to fines up to $50,000 and imprisonment for up to 20 years.
Arizona
Under A.R.S. Section 13-2308:
- Seditious conspiracy is a felony with penalties including fines up to $25,000 and imprisonment for up to 10 years.
Arkansas
Under Ark. Code Ann. Section 5-53-301:
- Seditious conspiracy violations can result in fines up to $50,000 and imprisonment for up to 20 years.
California
Under California Penal Code Section 182:
- Seditious conspiracy can lead to fines up to $25,000 and imprisonment for up to 9 years.
Colorado
Under Colo. Rev. Stat. Section 18-11-202:
- Seditious conspiracy can result in fines up to $1,000,000 and imprisonment for up to 24 years.
Connecticut
Under Connecticut General Statutes Section 53a-179a:
- Seditious conspiracy violations can lead to fines up to $10,000 and imprisonment for up to 10 years.
Delaware
Under Title 11, Section 1001:
- Seditious conspiracy can result in fines up to $50,000 and imprisonment for up to 10 years.
Florida
Under Florida Statutes Section 876.02:
- Seditious conspiracy can lead to fines up to $500,000 and imprisonment for up to 30 years.
Georgia
Under Georgia Code Section 16-11-40:
- Seditious conspiracy is a felony with penalties including fines up to $10,000 and imprisonment for up to 20 years.
Hawaii
Under Hawaii Revised Statutes Section 707-726:
- Seditious conspiracy violations can result in fines up to $25,000 and imprisonment for up to 10 years.
Idaho
Under Idaho Code Section 18-2604:
- Seditious conspiracy can lead to fines up to $10,000 and imprisonment for up to 10 years.
Illinois
Under Illinois Compiled Statutes 720 ILCS 5/8-2:
- Seditious conspiracy is a felony with penalties including fines up to $10,000 and imprisonment for up to 10 years.
Indiana
Under Indiana Code Section 35-44.1-2-5:
- Seditious conspiracy violations can result in fines up to $10,000 and imprisonment for up to 20 years.
Iowa
Under Iowa Code Section 719.1:
- Seditious conspiracy can lead to fines up to $10,000 and imprisonment for up to 10 years.
Kansas
Under Kansas Statutes Section 21-5901:
- Seditious conspiracy is a felony with penalties including fines up to $10,000 and imprisonment for up to 20 years.
Kentucky
Under Kentucky Revised Statutes Section 523.020:
- Seditious conspiracy violations can lead to fines up to $5,000 and imprisonment for up to 10 years.
Louisiana
Under Louisiana Revised Statutes Section 14:107:
- Seditious conspiracy can result in fines up to $5,000 and imprisonment for up to 10 years.
Maine
Under Maine Revised Statutes Title 17-A, Section 1001:
- Seditious conspiracy can lead to fines up to $5,000 and imprisonment for up to 10 years.
Maryland
Under Maryland Code Section 9-205:
- Seditious conspiracy violations can result in fines up to $50,000 and imprisonment for up to 10 years.
Massachusetts
Under Massachusetts General Laws Chapter 268, Section 19:
- Seditious conspiracy can lead to fines up to $10,000 and imprisonment for up to 9 years.
Michigan
Under Michigan Compiled Laws Section 750.505:
- Seditious conspiracy is a felony with penalties including fines up to $25,000 and imprisonment for up to 20 years.
Minnesota
Under Minnesota Statutes Section 609.175:
- Seditious conspiracy can result in fines up to $25,000 and imprisonment for up to 20 years.
Mississippi
Under Mississippi Code Section 97-1-1:
- Seditious conspiracy violations can lead to fines up to $25,000 and imprisonment for up to 20 years.
Missouri
Under Missouri Revised Statutes Section 574.070:
- Seditious conspiracy is a felony with penalties including fines up to $50,000 and imprisonment for up to 20 years.
Montana
Under Montana Code Annotated Section 45-8-102:
- Seditious conspiracy can result in fines up to $50,000 and imprisonment for up to 20 years.
Nebraska
Under Nebraska Revised Statutes Section 28-201:
- Seditious conspiracy violations can lead to fines up to $50,000 and imprisonment for up to 20 years.
Nevada
Under Nevada Revised Statutes Section 203.117:
- Seditious conspiracy can result in fines up to $25,000 and imprisonment for up to 10 years.
New Hampshire
Under New Hampshire Revised Statutes Section 642:6:
- Seditious conspiracy is a felony with penalties including fines up to $50,000 and imprisonment for up to 20 years.
New Jersey
Under New Jersey Statutes Section 2C:17-1:
- Seditious conspiracy violations can lead to fines up to $50,000 and imprisonment for up to 20 years.
New Mexico
Under New Mexico Statutes Section 30-20-8:
- Seditious conspiracy can result in fines up to $50,000 and imprisonment for up to 20 years.
New York
Under New York Penal Law Section 240.60:
- Seditious conspiracy violations can lead to fines up to $100,000 and imprisonment for up to 15 years.
North Carolina
Under North Carolina General Statutes Section 14-12.4:
- Seditious conspiracy is a felony with penalties including fines up to $50,000 and imprisonment for up to 20 years.
North Dakota
Under North Dakota Century Code Section 12.1-06-05:
- Seditious conspiracy can result in fines up to $50,000 and imprisonment for up to 20 years.
Ohio
Under Ohio Revised Code Section 2923.01:
- Seditious conspiracy violations can lead to fines up to $50,000 and imprisonment for up to 20 years.
Oklahoma
Under Oklahoma Statutes Section 21-1675:
- Seditious conspiracy is a felony with penalties including fines up to $50,000 and imprisonment for up to 20 years.
Oregon
Under Oregon Revised Statutes Section 166.155:
- Seditious conspiracy can result in fines up to $100,000 and imprisonment for up to 20 years.
Pennsylvania
Under Pennsylvania Consolidated Statutes Section 2707:
- Seditious conspiracy violations can lead to fines up to $50,000 and imprisonment for up to 20 years.
Rhode Island
Under Rhode Island General Laws Section 11-38-1:
- Seditious conspiracy can result in fines up to $50,000 and imprisonment for up to 20 years.
South Carolina
Under South Carolina Code Section 16-7-10:
- Seditious conspiracy violations can lead to fines up to $50,000 and imprisonment for up to 20 years.
South Dakota
Under South Dakota Codified Laws Section 22-14-4:
- Seditious conspiracy can result in fines up to $50,000 and imprisonment for up to 20 years.
Tennessee
Under Tennessee Code Annotated Section 39-14-702:
- Seditious conspiracy violations can lead to fines up to $50,000 and imprisonment for up to 20 years.
Texas
Under Texas Penal Code Section 15.02:
- Seditious conspiracy can result in fines up to $250,000 and imprisonment for up to 25 years.
Utah
Under Utah Code Section 76-8-305:
- Seditious conspiracy can result in fines up to $100,000 and imprisonment for up to 20 years.
Vermont
Under Vermont Statutes Title 13, Section 3255:
- Seditious conspiracy violations can lead to fines up to $100,000 and imprisonment for up to 20 years.
Virginia
Under Virginia Code Section 18.2-22:
- Seditious conspiracy can result in fines up to $100,000 and imprisonment for up to 20 years.
Washington
Under Revised Code of Washington Section 9A.28.040:
- Seditious conspiracy can lead to fines up to $100,000 and imprisonment for up to 20 years.
West Virginia
Under West Virginia Code Section 61-6-3:
- Seditious conspiracy violations can lead to fines up to $50,000 and imprisonment for up to 20 years.
Wisconsin
Under Wisconsin Statutes Section 939.31:
- Seditious conspiracy can result in fines up to $100,000 and imprisonment for up to 20 years.
Wyoming
Under Wyoming Statutes Section 6-5-203:
- Seditious conspiracy violations can lead to fines up to $50,000 and imprisonment for up to 20 years.