2021 US Code
Title 18 - Crimes and Criminal Procedure
Part I - Crimes
Chapter 67 - Military and Navy
Sec. 1385 - Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus

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Citation 18 U.S.C. § 1385 (2021)
Section Name §1385. Use of Army, Navy, Marine Corps, Air Force, and Space 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, 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.

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; Pub. L. 117–81, div. A, title X, §1045(a), Dec. 27, 2021, 135 Stat. 1904.)

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.


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.

Publication Title United States Code, 2018 Edition, Supplement 3, 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, Navy, Marine Corps, Air Force, and Space Force as posse comitatus
Contains section 1385
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
Statutes at Large References 20 Stat. 152
31 Stat. 330
73 Stat. 144
108 Stat. 2147
135 Stat. 1904
Public Law References Public Law 86-70, Public Law 103-322, Public Law 117-81
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