2011 US Code
Title 18 - Crimes and Criminal Procedure
Part I - CRIMES (§§ 1 - 2725)
Chapter 67 - MILITARY AND NAVY (§§ 1381 - 1389)
Section 1385 - Use of Army and Air Force as posse comitatus

View Metadata
Metadata
Publication TitleUnited States Code, 2006 Edition, Supplement 5, Title 18 - CRIMES AND CRIMINAL PROCEDURE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 67 - MILITARY AND NAVY
Sec. 1385 - Use of Army and Air Force as posse comitatus
Containssection 1385
Date2011
Laws in Effect as of DateJanuary 3, 2012
Positive LawYes
Dispositionstandard
Source CreditAdded 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.
Statutes at Large References20 Stat. 152
31 Stat. 330
73 Stat. 144
108 Stat. 2147
Public Law ReferencesPublic Law 86-70, Public Law 103-322

Download PDF
18 USC § 1385 (2011)
§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.

(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.)

Historical and Revision Note
Revised SectionSource (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.

Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.