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§ 1385. Use of Army and Air Force as posse comitatus

Version history — every release point where this text changed

Release point 114-329 · current through 01/06/2017

115-8 is not ingested; this is Title 18 as published at 114-329 (2017-01-06), which is the latest release point at or before it that carries this title.

§ 1385.

Use of Army and Air Force as posse comitatus

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

Source(Added Aug. 10, 1956, ch. 1041, § 18(a), 70A Stat. 626; amended Pub. L. 86–70, § 17(d),
June 25, 1959
, 73 Stat. 144; Pub. L. 103–322, title XXXIII, § 330016(1)(L),
Sept. 13, 1994
, 108 Stat. 2147.)
Notes
Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
1385
10:15.
June 18, 1878, ch. 263, § 15, 20 Stat. 152; Mar. 3, 1899, ch. 429, § 363 (proviso); added June 6, 1900, ch. 786, § 29 (less last proviso), 31 Stat. 330.
This section is revised to conform to the style and terminology used in title 18. It is not enacted as a part of title 10, United States Code, since it is more properly allocated to title 18.

Amendments

1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.
1959—Pub. L. 86–70 struck out provisions which made section inapplicable in Alaska.

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