2016 US Code
Title 18 - Crimes and Criminal Procedure
Part I - Crimes
Chapter 67 - Military and Navy
Sec. 1385 - Use of Army and Air Force as posse comitatus

Download PDF
Citation 18 U.S.C. § 1385 (2016)
Section Name §1385. Use of Army and Air Force as posse comitatus
Section Text

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 Credit

(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.)

Editorial Notes
Historical and Revision Notes
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.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 18 - CRIMES AND CRIMINAL PROCEDURE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 67 - MILITARY AND NAVY
Sec. 1385 - Use of Army and Air Force as posse comitatus
Contains section 1385
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 20 Stat. 152
31 Stat. 330
73 Stat. 144
108 Stat. 2147
Public Law References Public Law 86-70, Public Law 103-322
Disclaimer: These codes may not be the most recent version. United States 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 state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.