Legalize§ 1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus
§ 1385. Use of Army, Navy, Marine Corps, Air Force, and Space 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, the Navy, the Marine Corps, the Air Force, or the Space 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.
(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; Pub. L. 117–81, div. A, title X, § 1045(a), Dec. 27, 2021, 135 Stat. 1904.)
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.
| 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. |
Editorial Notes
Amendments
2021—Pub. L. 117–81 substituted “Army, Navy, Marine Corps, Air Force, and Space Force” for “Army and Air Force” in section catchline, and in text substituted “Army, the Navy, the Marine Corps,” for “Army or” and inserted “, or the Space Force” after “Air Force”.
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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