What Is the Insurrection Law? Federal Statute That Carries 10 Years in Prison and Office Disqualification
The insurrection law is 18 U.S.C. § 2383, a federal criminal statute that prohibits anyone from inciting, assisting, or engaging in rebellion against the authority of the United States. The statute states: “Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.”
What Constitutes Insurrection Under Federal Law
Insurrection refers to violent acts of organized resistance against federal authority. While federal law doesn’t explicitly define the term, courts and legal scholars generally interpret insurrection as a violent uprising or organized resistance against the government or its regulations, often involving acts intended to overthrow, disrupt, or challenge the authority of the United States or impede the enforcement of federal laws.
The key word here is “violent.” Peaceful protests, political dissent, and even harsh criticism of government are protected by the First Amendment. But when individuals cross the line into organized violent resistance against federal authority, they enter territory where criminal prosecution becomes possible.
An “overt act” is a concrete action taken in furtherance of the rebellion, not just words or thoughts. This means federal prosecutors must prove you did something tangible to oppose U.S. authority. The statute covers several forms of conduct: inciting others to rebel, setting rebellion “on foot” (starting or organizing it), assisting those engaged in insurrection, directly engaging in insurrection yourself, or giving aid and comfort to insurrectionists.
Penalties and Disqualification from Federal Office
If convicted under 18 U.S.C. § 2383, you face serious consequences. The maximum penalty is a fine and up to 10 years in federal prison. But there’s an additional punishment that many people overlook: permanent disqualification from holding any federal office in the United States.
This disqualification clause means if you’re convicted of insurrection, you cannot serve as a member of Congress, hold a federal judgeship, work in federal executive positions, or occupy any other office under the United States government. This consequence is automatic upon conviction and doesn’t require a separate proceeding.
The office disqualification connects to Section 3 of the 14th Amendment, which independently bars from office anyone who has taken an oath to support the Constitution and then “engaged in insurrection or rebellion” against it. Section 3 disqualifies any person from being a Senator, Representative, or elector of the President or Vice-President, or from holding any federal or state military or civil office, if that person has sworn to support the Constitution and then engaged in insurrection or rebellion against it.
Related Federal Crimes: Sedition and Treason
Insurrection sits within a family of related federal offenses targeting threats to government stability. Understanding how these crimes differ matters.
Seditious conspiracy (18 U.S.C. § 2384) requires at least two people who conspire to overthrow the government by force, levy war against the United States, oppose federal authority by force, or forcibly prevent federal law execution. The statute provides: “If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.” Notice seditious conspiracy carries up to 20 years imprisonment, double the maximum for insurrection.
The critical distinction is seditious conspiracy focuses on planning and agreement between multiple people, while insurrection can be charged against individuals for their actual participation in rebellion. You can face seditious conspiracy charges even if the planned violence never occurs, as long as prosecutors prove the conspiracy existed.
Related article: Is the Insurrection Act Martial Law? Key Difference Between Military Deployment and Military Governance
Treason (18 U.S.C. § 2381) is the most serious offense, requiring proof that someone owing allegiance to the United States levied war against it or gave aid and comfort to its enemies. Treason carries a potential death penalty or minimum five years imprisonment. The Constitution strictly limits treason to wartime conduct or aiding foreign enemies, making it narrower than insurrection.
Historical Prosecutions Under the Insurrection Statute
The federal government has used insurrection laws sparingly throughout American history. During the Civil War era, federal prosecutors brought charges against individuals who took up arms against Union forces. The statute was enacted in its original form in 1909, based on earlier rebellion statutes dating to the post-Civil War period.
The Department of Justice’s internal manual confirms that Section 2383 of Title 18, U.S.C., makes it unlawful to incite, assist or engage in any rebellion against the authority or laws of the United States. Despite this clear prohibition, actual prosecutions remain rare because of First Amendment considerations and the high burden of proof required.
In modern times, no defendants from the January 6, 2021 Capitol events have been charged under 18 U.S.C. § 2383, though several faced seditious conspiracy charges instead. In November 2022, Oath Keepers leader Stewart Rhodes and Kelly Meggs were convicted of seditious conspiracy and Rhodes was later sentenced to 18 years while Meggs received 12 years. This demonstrates prosecutors’ preference for seditious conspiracy over insurrection charges when both might apply.
When Protest Becomes Insurrection Under Federal Law
One of the most important legal distinctions is understanding when constitutionally protected protest crosses into criminal insurrection. The line isn’t always bright, but certain principles guide it.
Violence against federal authority is the dividing line. If you attend a protest that remains peaceful, even one expressing harsh criticism of government, you’re exercising First Amendment rights. If protesters destroy federal property, assault federal officers, or use force to prevent execution of federal law, they risk crossing into criminal territory.
Intent matters enormously. Federal prosecutors must prove you acted willfully and intentionally to oppose U.S. authority. Merely being present at a location where violence occurs isn’t enough. You must have participated knowingly in acts designed to rebel against federal authority or laws.
The Supreme Court established in Brandenburg v. Ohio that speech advocating illegal action receives First Amendment protection unless it’s directed to inciting imminent lawless action and likely to produce such action. This high standard protects heated political rhetoric while allowing prosecution of direct incitement to immediate violence.
Myth: Any Protest Against Government Is Insurrection
This is false and dangerous misinformation. The Constitution explicitly protects your right to peacefully assemble and petition the government for redress of grievances. You can criticize elected officials, oppose policies, organize protests, and advocate for political change without facing insurrection charges.
Federal law distinguishes between dissent and rebellion. Dissent—even passionate, angry dissent—is democracy in action. Rebellion requires violent acts intended to overthrow or forcibly oppose federal authority. The government cannot and does not prosecute people merely for disagreeing with it.
Myth: Insurrection Charges Are the Same as Treason
These are distinct federal offenses with different elements and penalties. Treason requires levying war against the United States or adhering to its enemies during wartime. It’s constitutionally defined and carries the death penalty. Insurrection is a statutory crime that doesn’t require a state of war and carries maximum 10 years imprisonment.
The confusion arises because both involve disloyalty to the United States. But treason’s constitutional definition makes it extremely narrow and rarely prosecuted, while insurrection covers a broader range of rebellious conduct.
Myth: The Insurrection Act and Insurrection Law Are the Same Thing
They’re completely different legal mechanisms. The Insurrection Act (10 U.S.C. §§ 251-255) is a set of statutes authorizing the President to deploy military forces to suppress domestic insurrections or enforce federal law when civil authorities cannot. It’s about executive power, not criminal prosecution.
The insurrection law (18 U.S.C. § 2383) is a criminal statute that punishes individuals who engage in rebellion. One authorizes presidential action; the other defines a federal crime. Don’t confuse the government’s power to respond to insurrection with the law criminalizing insurrectionist conduct.
Understanding the Severity of Federal Charges
If you’re investigated for or charged with insurrection, you’re facing one of the most serious categories of federal criminal prosecution. These cases typically involve extensive FBI investigations, grand jury proceedings, and complex legal proceedings in federal court.
Federal criminal defendants have constitutional protections including the right to counsel, the right to remain silent, the privilege against self-incrimination, and the right to trial by jury. The prosecution must prove guilt beyond reasonable doubt—the highest standard in American law.
The stakes in federal cases are considerably higher than most state prosecutions. Federal sentencing guidelines are often harsher, federal judges typically impose lengthier sentences, and federal prison conditions differ from state facilities. Federal convictions also trigger mandatory office disqualification.
When Legal Representation Becomes Critical
You need an attorney experienced in federal criminal defense immediately if federal agents contact you about insurrection-related investigations. Don’t make statements to law enforcement without counsel present. Even seemingly innocent explanations can become evidence against you.
Federal criminal defense requires specialized expertise. The Federal Rules of Criminal Procedure, federal sentencing guidelines, and constitutional doctrines governing federal prosecutions differ significantly from state criminal law. An attorney without federal experience may not adequately protect your rights.
If you’re charged, your attorney can evaluate whether First Amendment defenses apply, whether prosecutors can prove the required intent elements, and whether your conduct actually meets the legal definition of insurrection rather than lesser offenses or protected activity.
Frequently Asked Questions
What is the penalty for insurrection?
Conviction under 18 U.S.C. § 2383 carries a fine and up to 10 years in federal prison. Additionally, you’re automatically and permanently disqualified from holding any office under the United States government.
Has anyone been charged under 18 U.S.C. § 2383 recently?
No individuals have been charged under the insurrection statute for January 6, 2021 conduct, though several defendants faced seditious conspiracy charges instead. The insurrection statute is rarely used in modern federal prosecutions.
What’s the difference between insurrection and sedition?
Insurrection (18 U.S.C. § 2383) criminalizes actually engaging in rebellion, while seditious conspiracy (18 U.S.C. § 2384) criminalizes conspiring to overthrow the government or oppose federal authority by force. Sedition focuses on planning and agreement; insurrection focuses on participation in actual rebellion.
Can someone be charged with insurrection for attending a protest?
No, not for merely attending a peaceful protest. Federal prosecutors must prove you actively incited, assisted, or engaged in violent rebellion against U.S. authority. Constitutionally protected protest activity cannot form the basis for insurrection charges.
Does the 14th Amendment disqualify people from office for insurrection?
Yes. Section 3 of the 14th Amendment independently disqualifies from federal and state office anyone who took an oath to support the Constitution and then engaged in insurrection or rebellion. This disqualification doesn’t require a criminal conviction but can be removed by two-thirds vote of both houses of Congress.
What should I do if I’m contacted by federal investigators about insurrection?
Contact a federal criminal defense attorney immediately before making any statements. You have the constitutional right to remain silent and to have counsel present during questioning. Exercise these rights.
Last Updated: January 16, 2026
Disclaimer: This article provides general legal information only and does not constitute legal advice. If you face federal criminal investigation or charges, consult with a qualified federal criminal defense attorney.
Understanding federal criminal law helps you protect your constitutional rights. If you’re facing federal charges or investigation, contact an experienced federal criminal defense attorney immediately to discuss your case.
Stay informed, stay protected. — AllAboutLawyer.com
Citations
- 18 U.S.C. § 2383 – Rebellion or insurrection, Cornell Legal Information Institute, https://www.law.cornell.edu/uscode/text/18/2383
- 18 U.S.C. § 2384 – Seditious conspiracy, Cornell Legal Information Institute, https://www.law.cornell.edu/uscode/text/18/2384
- Understanding Insurrection and Sedition, Center for Strategic and International Studies, https://www.csis.org/analysis/understanding-insurrection-and-sedition
- U.S. Department of Justice Criminal Resource Manual 2059, https://www.justice.gov/archives/jm/criminal-resource-manual-2059-synopses-key-internal-security-provisions
- U.S. Constitution, 14th Amendment Section 3, Congress.gov, https://constitution.congress.gov/browse/amendment-14/section-3/
- Seditious conspiracy prosecutions (Oath Keepers), Wikipedia, https://en.wikipedia.org/wiki/Seditious_conspiracy
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
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