18 U.S.C. § 1385 — Use of Army, Navy, Marine Corps, Air

Page 374 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1385 (June 25, 1948, ch. 645, 62 Stat. 765; May 24, 1949, ch. 139, § 35, 63 Stat. 94; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., § 518a (July 11, 1941, ch. 287, 55 Stat. 583; May 15, 1945, ch. 126, 59 Stat. 168; May 15, 1946, ch. 258, 60 Stat. 182). The word ‘‘whoever’’ was substituted for the words ‘‘person, corporation, partnership, or association’’ in conformity with section 1 of title 1, U.S.C., 1940 ed., General Provisions, as amended and without change of substance. The provisions with reference to punishment of per- sons subject to military or naval law as provided in the Articles of War and the Articles for the Government of the Navy were omitted, as was the exception of such persons from the punishment provisions of this section. The Articles of War and Articles for the Government of the Navy are sufficiently complete in themselves to au- thorize the adequate punishment of military or naval personnel for violations of general criminal statutes as well as for disobedience of orders. See Articles of War, Article 96, section 1568 of title 10, U.S.C., 1940 ed., Army, and Articles for the Government of the Navy, Articles 1, 4, 22, 23, section 1200, of title 34, U.S.C., 1940 ed., Navy. The revised section, in this respect, places violations on the same basis as other misdemeanors in violation of the general statutes of the United States and author- izes punishment of persons subject to military or naval law under such law, or in case the military or naval au- thorities turn the violator over to the civil authorities, the trial and punishment may be under the general law. The phrase ‘‘and/or’’ appearing twice in section 581a of title 18, U.S.C., 1940 ed., was deleted to avoid uncer- tainty and ambiguity. Words ‘‘shall be deemed guilty of a misdemeanor’’ were omitted because of definition of misdemeanor in section 1 of this title. Changes were made in phraseology. 1949 ACT This section [section 35] makes the following changes in section 1384 of title 18, U.S.C.: 1. In the first paragraph, substitutes ‘‘Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, and any two or all of them’’ for ‘‘Sec- retary of the Army or the Secretary of the Navy, or both’’, and substitutes ‘‘Army, the Navy, or the Air Force,’’ for ‘‘Army or the Navy, or both,’’, in view of the establishment in 1947 of the Department of the Air Force, headed by a Secretary. 2. In the second paragraph, substitutes ‘‘The Secre- taries of the Army, Navy, and Air Force’’ for ‘‘The Sec- retaries of the Army, and Navy’’, for the same reason given in item 1 above. 3. In the third paragraph, substitutes ‘‘Department of the Army, Navy, or Air Force’’ for ‘‘War or Navy De- partment’’ for the same reason given in item 1 above. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in first par. 1949—Act May 24, 1949, made section applicable to the Air Force which was established as a separate depart- ment in 1947, headed by a Secretary. Statutory Notes and Related Subsidiaries CHANGE OF NAME Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 3508(b) of Title 20, Education. Executive Documents TRANSFER OF FUNCTIONS Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the Appendix to Title 5, Government Organization and Employees. Fed- eral Security Agency and office of Administrator were abolished by section 8 of Reorg. Plan No. 1 of 1953. § 1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus Whoever, except in cases and under cir- cumstances expressly authorized by the Con- stitution 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.) 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 (pro- viso); 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. 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. § 1386. Keys and keyways used in security appli- cations by the Department of Defense (a)(1) Whoever steals, purloins, embezzles, or obtains by false pretense any lock or key to any lock, knowing that such lock or key has been adopted by any part of the Department of De- fense, including all Department of Defense agen- cies, military departments, and agencies there- of, for use in protecting conventional arms, am- munition or explosives, special weapons, and classified information or classified equipment shall be punished as provided in subsection (b). (2) Whoever—