18 U.S.C. 2384 criminalizes specified conspiracies by two or more people involving force against governmental authority, execution of federal law, or covered government property. It is not a general offense of opposing government policy. [1]
Identify the agreed objective
The statute lists objectives including overthrowing or destroying by force the U.S. government, levying war, opposing its authority by force, preventing or delaying execution of federal law by force, and forcibly seizing covered government property. The government must prove the qualifying agreement and required participation, not merely unpopular beliefs. [1]
Speech can be evidence without being the offense
Communications, planning, conduct, and context can bear on an alleged agreement. Mere association or rhetorical statements should not automatically be equated with knowingly joining the specific unlawful objective. Constitutional issues and controlling case law require careful review.
Penalty and related conspiracy law
The statute authorizes a fine, imprisonment up to 20 years, or both. General conspiracy under section 371 has different elements and penalties. One cannot substitute its requirements for section 2384 without analysis. [2]
For example, planning a peaceful march and agreeing to use force to stop execution of a federal law are legally different objectives.
Preserve context
Retain complete communications, chronology, and evidence concerning the person’s actual role. Short excerpts can omit relevant context, but context does not erase a proven agreement.
The agreement need not achieve its objective
A conspiracy allegation concerns the qualifying agreement and participation; failure to accomplish the planned objective does not by itself negate every conspiracy element. At the same time, the statute’s force requirement cannot simply be replaced by proof of political anger or a plan to use ordinary lawful procedures. Identify the particular objective and the evidence of agreement to pursue it by force. [1]
For a person present at an event, distinguish what others did from what that individual agreed to do and intended. Group membership, travel, equipment, messages, and later conduct can have evidentiary significance, but their meaning must be assessed in context. A sentencing estimate also should identify whether the prosecution charges section 2384, another conspiracy statute, substantive offenses, or all of them. The name of a public event does not establish a single legal outcome for every participant.
See civil-disorder offenses and legislative-act immunity to distinguish other federal offenses and protections from a seditious-conspiracy charge.
Primary sources
Sources checked: October 31, 2026.