Ch8. Crimes Against the State and Public Order

Crimes Against National Security

Treason (US Const. Art. III § 3; 18 U.S.C. § 2381):
Levying war against the United States OR adhering to
  its enemies, giving them aid and comfort.
Requires: overt act + testimony of two witnesses to
  the same overt act, or confession in open court.
Penalty: death or not less than 5 years + $10,000 fine.

Sedition / Seditious Conspiracy (18 U.S.C. § 2384):
Conspiring to overthrow, put down, or destroy by force
  the government of the United States, or to oppose
  its authority by force.
Penalty: up to 20 years.

Espionage (18 U.S.C. §§ 793–798):
Gathering, transmitting, or losing national defense
  information with intent or reason to believe it
  will be used to injure the US or aid a foreign nation.
Penalty: up to 10 years (§ 793); up to life or death
  in peacetime (§ 794).

Foreign Agent Registration Act (FARA — 22 U.S.C. § 611 et seq.):
Requires disclosure of activities on behalf of a foreign
  principal; criminal penalty for willful violations
  (up to 5 years).

Crimes by Public Officials

Bribery of Public Officials (18 U.S.C. § 201):
Offering, giving, or promising a thing of value to
  a public official to influence an official act.
Also: public official demanding or receiving such value.
Penalty: up to 15 years; fine ≤ 3× the bribe amount.

Honest Services Fraud (18 U.S.C. §§ 1341, 1346):
Scheme to deprive another of the intangible right of
  honest services (bribery and kickbacks involving
  public officials and fiduciaries post-Skilling).
Penalty: up to 20 years.

Hobbs Act Extortion (18 U.S.C. § 1951):
Obtaining property from another under color of official
  right (public corruption), or by force/fear/threats.
Penalty: up to 20 years.

Abuse of Office / Civil Rights Violations
  (18 U.S.C. §§ 241–242):
Conspiracy against civil rights; deprivation of
  constitutional rights under color of law.
Used to prosecute law enforcement misconduct.
Penalty: up to 1 year (misdemeanor injury); up to 10
  years (felony injury); up to life if death results.

Obstruction of Justice and Perjury

Perjury (18 U.S.C. § 1621):
Willfully and knowingly making a false statement under
  oath in a proceeding before a federal court, grand jury,
  or other tribunal where an oath is required by law.
Penalty: up to 5 years.

Subornation of Perjury (18 U.S.C. § 1622):
Procuring another person to commit perjury.
Penalty: up to 5 years.

Obstruction of Justice (18 U.S.C. §§ 1501–1521):
Corruptly influencing, obstructing, or impeding any
  official proceeding, or endeavoring to do so.
§ 1512: tampering with a witness, victim, or informant.
§ 1519: destroying, altering, or falsifying records in
  federal investigations (Sarbanes-Oxley; up to 20 years).

Harboring a Fugitive (18 U.S.C. § 1071):
Concealing a person known to have committed a federal
  felony to prevent arrest or trial.
Penalty: up to 5 years.

Evidence Tampering / Spoliation:
Destroying or concealing evidence in a pending federal
  investigation.
18 U.S.C. § 1519 — up to 20 years.

Arson and Crimes Endangering Public Safety

Federal Arson (18 U.S.C. § 844):
Malicious damage or destruction by fire or explosive
  of any building used in interstate commerce or
  owned by the US.
If bodily injury results: 7–40 years.
If death results: 20 years to life.

State First-Degree Arson:
Burning an occupied structure.
Typically 5–life; felony in all states.

State Second-Degree Arson:
Burning an unoccupied structure.

Reckless Burning:
Causing a fire through criminal negligence.
Misdemeanor or low-level felony.

Explosives / Weapons of Mass Destruction
  (18 U.S.C. §§ 842, 2332a):
Manufacturing, possessing, or using explosive devices.
WMD use: mandatory life or death penalty.

Domestic Terrorism (18 U.S.C. § 2331):
Acts dangerous to human life that violate US criminal
  laws and appear intended to coerce the civilian
  population or government.
No separate "domestic terrorism" offense; charged under
  underlying predicate crimes with terrorism enhancement.

Treason — Two-Witness Rule ★★★★★ : Conviction for treason requires an overt act proved by testimony of two witnesses to the same act, or a confession in open court. This is the only crime defined in the US Constitution. Memory tip: Treason = Constitution + two witnesses.

Bribery = Quid Pro Quo ★★★★★ : Federal bribery requires a nexus between the thing of value and an official act (quid pro quo). Gratuities without a nexus may be charged separately (§ 201(c)). Memory tip: Bribery = official act + quid pro quo.

Arson of Occupied Structure = Most Serious ★★★★☆ : First-degree arson (occupied building) carries the harshest penalties because it endangers human life. Memory tip: Occupied building + fire = first-degree; life safety is the aggravating factor.

Practice Quiz

Q. How does abuse of official power (18 U.S.C. § 242) differ from bribery?

Bribery (§ 201) involves a corrupt exchange: a public official accepts something of value in return for influence over an official act. Section 242 covers a broader range of misconduct: any willful deprivation of a person’s constitutional or federal statutory rights under color of law — including unlawful arrest, excessive force, or denial of due process. No financial exchange is required; the crime is the abuse of governmental authority itself.

Q. What is the significance of the “official act” requirement in federal bribery law?

After McDonnell v. United States (2016), a “formal exercise of governmental power” — an actual decision, action, or agreement to take an official action — is required to satisfy the “official act” element of federal bribery. Setting up a meeting, calling a government official, or hosting an event does not, by itself, constitute an official act. The narrowed definition has made federal public-corruption prosecutions more difficult and prompted calls for legislative reform.