Notes on 18 U.S.C. § 2385 : US Code - Notes

Search Notes on 18 U.S.C. § 2385 : US Code - Notes

(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, Sec.
2, 70 Stat. 623; Pub. L. 87-486, June 19, 1962, 76 Stat. 103; Pub.
L. 103-322, title XXXIII, Sec. 330016(1)(N), Sept. 13, 1994, 108
Stat. 2148.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 10, 11, 13 (June 28,
1940, ch. 439, title I, Secs. 2, 3, 5, 54 Stat. 670, 671).
Section consolidates sections 10, 11, and 13 of title 18, U.S.C.,
1940 ed. Section 13 of title 18, U.S.C., 1940 ed., which contained
the punishment provisions applicable to sections 10 and 11 of title
18, U.S.C., 1940 ed., was combined with section 11 of title 18,
U.S.C., 1940 ed., and added to this section.
In first paragraph, words "the Government of the United States or
the government of any State, Territory, District or possession
thereof, or the government of any political subdivision therein"
were substituted for "any government in the United States".
In second and third paragraphs, word "such" was inserted after
"any" and before "government", and words "in the United States"
which followed "government" were omitted.
In view of these changes, the provisions of subsection (b) of
section 10 of title 18, U.S.C., 1940 ed., which defined the term
"government in the United States" were omitted as unnecessary.
Reference to conspiracy to commit any of the prohibited acts was
omitted as covered by the general conspiracy provision,
incorporated in section 371 of this title. (See reviser's note
under that section.)
Words "upon conviction thereof" which preceded "be fined" were
omitted as surplusage, as punishment cannot be imposed until a
conviction is secured.
The phraseology was considerably changed to effect consolidation
but without any change of substance.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $20,000" in fourth and fifth pars.
1962 - Pub. L. 87-486 defined the terms "organizes" and
"organize".
1956 - Act July 24, 1956, substituted "$20,000" for "$10,000",
and "twenty years" for "ten years" in the paragraph prescribing
penalties applicable to advocating overthrow of government and
inserted provisions relating to conspiracy to commit any offense
named in this section.
EFFECTIVE DATE OF 1956 AMENDMENT
Amendment by act July 24, 1956, as applicable only with respect
to offenses committed on and after July 24, 1956, see section 3 of
act July 24, 1956, set out as a note under section 2384 of this
title.