Can a U.S. citizen be charged with treason?
Asked by: Wade Spencer | Last update: February 14, 2026Score: 4.6/5 (49 votes)
Yes, a U.S. citizen absolutely can be charged with treason, as the Constitution defines treason as owing allegiance to the U.S. and then levying war against it or giving aid and comfort to its enemies, and citizens are the primary group bound by this allegiance. However, treason prosecutions are extremely rare, requiring strict proof of an overt act by two witnesses or a confession, and a specific intent to betray the country, with punishments potentially including death, long prison terms, and fines.
What happens if a US citizen commits treason?
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and ...
Has any US citizen been convicted of treason?
While Treason prosecutions are rare today, only 40 cases have been prosecuted in U.S. history. Of the 40 treason cases charged since the founding of the U.S., only 13 resulted in a conviction, and only three people have been executed for it, Eisner Gorin stated.
What qualifies as treason in the USA?
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
When was the last time the US charged someone with treason?
Since 1954, however, only one person has been charged with treason against the United States. And that single instance was relatively unusual: in 2006, a federal grand jury indicted Adam Gadahn for treason based on his participation in several al-Qaeda propaganda videos.
An American Citizen Convicted of Treason
Can a U.S. president be charged with treason?
Article II, Section 4: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. President Donald Trump was impeached twice during his single term in office.
What is the difference between treason and sedition?
Sedition involves inciting rebellion or plotting to overthrow the government, while treason is the more severe crime of actively levying war against the country or giving aid and comfort to its enemies, making it a direct betrayal of allegiance, with treason carrying harsher penalties like death or life imprisonment, whereas sedition typically results in significant fines and up to 20 years in prison.
What are the four elements of treason?
The four key elements for a U.S. treason conviction, derived from the Constitution, are Adherence (intent to betray), an Overt Act, providing Aid & Comfort to the enemy, and the strict Two-Witness Rule (or confession in open court) for proof, ensuring it's a very specific, high bar crime requiring actual betrayal, not just disloyal speech.
What are two examples of treason against the United States?
The three acts of treason, as defined by the US Constitution, are:
- Levying War Against the United States. It means actively taking up arms against the US government or military to overthrow it.
- Adhering to the Enemies of the United States. ...
- Giving Aid and Comfort to the Enemies of the United States.
What does article 7 of the US Constitution say?
Article VII of the U.S. Constitution is about the ratification process, stating that nine of the thirteen states needed to approve it through special state conventions for the Constitution to become the law of the land, replacing the Articles of Confederation. It established the conditions for the new government to take effect and included the date the Constitution was signed (September 17, 1787).
Who was the last person killed for treason in the United States?
In response, Union Army Maj. Gen. Benjamin Butler, the commander of the Union ground forces, had Mumford court-martialed and executed for treason. He was the last person executed for treason against the United States. North Carolina, U.S.
What is the U.S. Code 18?
Title 18 of the United States Code is the primary federal law covering Crimes and Criminal Procedure, encompassing federal offenses, court processes, prisons, and witness immunity, divided into five main parts: Crimes, Criminal Procedure, Prisons and Prisoners, Correction of Youthful Offenders, and Immunity of Witnesses, covering everything from espionage and terrorism to fraud and general criminal principles like aiding and abetting.
What is the 2 witness rule for treason?
"No person shall be convicted of treason unless on the testimony of two (2) witnesses at least to the same over act or on confession of the accused in open court.
Has anyone in the US been executed for treason?
Rarity of Treason
While accusations of treason are often thrown around amid the contentious political climate, the truth is that treason charges in America are rare. Of the 40 treason cases charged since the founding of the U.S., only 13 resulted in a conviction, and only three people have been executed for it.
What is the only crime in the US Constitution?
Treason is defined on the federal level in Article III, Section 3 of the United States Constitution as "only in levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort."
When was the last person hanged for treason?
The last execution of any kind for high treason was that of William Joyce by hanging in 1946.
What evidence is needed to prove treason?
Convictions for treason require direct evidence and the testimony of at least two witnesses to the same overt act, or a confession in open court. This strict evidentiary standard reflects the crime's gravity and its potential misuse for political purposes. Penalties for treason in California are severe.
What are the only two things considered treasonous by the US Constitution?
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open Court.
When was the last time someone was charged with treason?
The last treason conviction to be upheld was in 1952. See Kawakita v. United States, 343 U.S. 717, 717 (1952).
What is the highest form of treason?
Treason is "the highest of all crimes"—defined as intentionally betraying one's allegiance by levying war against the government or giving aid or comfort to its enemies. (In re Charge to Grand Jury, 2 Curt. C.C. 630 (D.
What are two disloyal behaviors covered by the crime of treason?
art. III, § 3 (“Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.”).
Is insurrection a form of treason?
"Crimes Related to Insurrection" is the internal treason, and may include a coup d'état. "Crimes Related to Foreign Aggression" is the treason of cooperating with foreign aggression positively regardless of the national inside and outside.
What is the 18 US Code 115?
18 USC 115: Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member. *Public Law 119-60 has been enacted, but classifications have not been finalized.
Can you go to jail for treason?
California Penal Code 37 PC defines treason as warring against the state or adhering to its enemies. This felony offense carries the death penalty or life in prison without the possibility of parole.