18 U.S.C. § 2390
Section 2390 · Enlistment to serve against United States
Amended 2 times on record
Applied in 8 court decisions — leading case Holloway v. United States (1999)
Most recently applied in United States v. Al-Imam (March 2019)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Whoever enlists or is engaged within the United States or in any place subject to the jurisdiction thereof, with intent to serve in armed hostility against the United States, shall be fined under this title 1 or imprisoned not more than three years, or both.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §8 (Mar. 4, 1909, ch. 321, §8, 35 Stat. 1089).
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in phraseology.
Amendments
1994—Pub. L. 103–322, which directed the amendment of this section by striking “fined not more than $100” and inserting “fined under this title”, was executed by substituting “fined under this title” for “fined $100”, to reflect the probable intent of Congress.
Canal Zone
Applicability of section to Canal Zone, see section 14 of this title.
Cross References
Federal retirement benefits, forfeiture upon conviction of offenses described hereunder, see section 8312 of Title 5, Government Organization and Employees.
Forfeiture of veterans’ benefits upon conviction under this section, see section 6105 of Title 38, Veterans’ Benefits.