Q1: What is “sedition” and “insurrection”?
A1: Generally, sedition is conduct or speech that incites individuals to violently rebel against the authority of the government. Insurrection includes the actual acts of violence and rebellion.
Under
18 U.S.C. § 2384, “seditious conspiracy” occurs when two or more persons:
conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof.
Individuals charged with seditious conspiracy can be fined and could serve up to 20 years in prison.
Insurrection is captured by
18 U.S.C. § 2383 and applies to “[w]hoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the law there, or gives aid or comfort thereto.” Charges of insurrection, or the incitement of insurrection, involves fines and imprisonment of up to 10 years.