CRIMES AGAINST GOVERNMENT
AND THE ADMINISTRATION OF JUSTICE
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CRIMES AGAINST GOVERNMENT
Over the years, the United States has had numerous laws relating to treason; e.g., numerous Alien and Sedition Acts. The sedition law now in effect is the Smith Act of 1940 which was made binding on the government in 1956 by the Supreme Court. The Smith Act, like all previous Acts in this area, has been both narrowly and broadly interpreted in guiding who or what the government can investigate and prosecute...
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ELEMENTS OF TREASON
1. Breach of allegiance -- The person must owe an allegiance to the United States. They must be citizens, naturalized aliens (permanent immigrants), or "nationals" (Samoa, Hawaii, Puerto Rico) and not aliens, on temporary visas, or foreign nationals who may reside in the U.S. (see this lecture on Immigration Law for more categories). The test is whether or not a person owes an allegiance to the U.S. government for any protection they may receive, not whether they are a citizen or resident.
2. Overt act of betrayal -- The person must commit some overt act, which is generally defined as any "material" aid or comfort to the enemy. Simply thinking disloyal thoughts is not treason. Words sometimes qualify; just as "fighting" words are not protected by the 1st Amendment, so are "treasonous" words punishable under Article 3, Section 3 and most state constitutions.
3. Intent to betray -- This is a specific mens rea element which requires that the government show the person engaged in the equivalent of purposely knowing. It's not exactly expressed this way, but Article 4, Section 2 of the Constitution prohibits conviction for treason unless the government can call at least two (2) witnesses who can testify as to intent or the offender confesses in open court.
Other crimes related to treason include:
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Insurrection -- Also called rebellion; this involves arming oneself or one's group to the point that makes it creates a reasonable expectation that force or violence would be used against the U.S. government.