Dictionary Definition
According to Merriam-Webster:
Synonyms: uprising, rebellion, revolt, mutiny, sedition.
So, at its core, it’s about
a violent or active resistance against authority, especially the state or its institutions.
Legal Definition
Under 18 U.S. Code § 2383 – Rebellion or insurrection:
Key legal elements:
- It involves organized or purposeful action against the U.S. government’s authority or law.
- Includes those who incite, assist, or give aid to such efforts—not just those who physically act.
- Punishment includes fines, imprisonment, and disqualification from public office.
This statute is part of the broader framework of
federal sedition and rebellion laws, which include:
- Sedition (18 U.S.C. § 2384)
- Advocating the overthrow of the government (18 U.S.C. § 2385)
Summary:
- In general usage, insurrection means a revolt or violent resistance against authority.
- Legally, it’s a defined federal crime involving action or support of a rebellion against the U.S. government.
***There is no legal requirement that insurrectionists be armed for an act to qualify as an insurrection under U.S. law.
Looking at the Law Again (18 U.S.C. § 2383):
- The statute does not mention weapons, arms, or armed conflict as a required element.
- What matters is the intent and action to oppose or overthrow lawful authority.
- Courts look at things like:
- Organization and planning
- Use of force or violence (armed or not)
- Targeting of government institutions
- Interference with the execution of law
Historical Context Confirms This:
In U.S. history,
not all insurrections were armed in the traditional military sense:
Examples of actions that could qualify:
- Storming a federal building to prevent the certification of an election (even if only a subset were armed).
- Overpowering law enforcement to disrupt government proceedings.
- Coordinated occupation of government facilities.
Legal Nuance:
The
presence of weapons may
escalate the severity of the charges (e.g., adding weapons charges or terrorism enhancements), but
they are not required to classify the event as an insurrection under 18 U.S.C. § 2383.