Understand what is treason in legal terms. Learn about the US definition of treason and the types of treason. See famous treason examples from history. Discover about what is the punishment for treason and the US penalty for treason.
Updated: 11/06/2021
Treason Punishment & Examples | What is Treason?
The Meaning of Treason
Treason is defined as betrayal, or an act of infidelity. Treasonous conduct can occur on a personal level, as well as professional and state levels. In a personal context, one friend might commit treason against another by widely sharing a deeply painful secret that the latter has shared in confidence. On a professional level, treason can take the form of one co-worker arranging to get another co-worker fired, in order to clear the path towards a promotion. And in terms of state-level treason, the traitor (enactor of the treason) may attempt to take the life of their nation's sovereign.
Definition of Treason
Treason can be defined in a number of different ways. For our purposes here, we will define it as any act that helps a foreign country attack, make war, overthrow, or otherwise injure the traitor's own country. If you conspire to help a foreign power attack your country, you are guilty of treason. Those that commit treason are referred to as traitors. In a lesser sense, traitors can commit treason to any group of people, such as a political party or even just friends. Again, here we will be looking at the high crime of treason, the kind that is punishable by law.
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What is Treason's Legal Definition?
In legal contexts, treason is defined as an act, or activities, intended to overthrow a government or harm a sovereign. Treason is performed by a citizen of the country whose government or sovereign they are attempting to compromise. This may also take the form of a citizen's supporting their home country's enemies, as those enemies seek to compromise that citizen's government or sovereign.
The US Definition of Treason
In the United States Code, a collection of all permanent American laws, treason is defined in Chapter 115-- Treason, Sedition, and Subversive Activities. As per section 2381, "Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States."
It is very difficult, however, to actually convict someone of treason in the U.S. A clause in the Constitution stipulates that "No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court." The challenge of securing two witnesses to a singular act of treason, or a confession from the accused, is enormous. Additionally, if the accused carries dual citizenship with the U.S. and another nation, or is NOT a citizen of the U.S., they cannot be convicted of treason at all.
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Two Types of Treason
There are two types of treason: Levying War and Providing Aid or Comfort.
Levying War
The original understanding of "levying war" as an act of treason had roots in the ongoing factional disputes the U.S. experienced during its nascent century post-Revolution. Lawmakers sought to ensure that partisan infighting would not compromise the federal government. Lawmakers also established, though various public trials, such as that of Burr (1807) and that of those involved with Whiskey Rebellion (1794), that traitorous preparations were not the same as traitorous actions. To this day, the legal expectation that treasonous acts must be committed, not merely planned for, in order to garner a conviction of treason, still stands.
Providing Aid or Comfort
To provide aid or comfort to enemies of a national government or sovereign, such that that enemy is better able to threaten the strength of the national government or sovereign, is to commit treason. This can be as simple as donating money to identified enemy groups, or as significant as helping enemy groups stage an attack on a federal government building.
Famous Treason Examples from History
Examples of treason from history include:
- Malitzen, an Aztec woman enslaved by Spanish conquistadors in the 1500s. Known historically as "La Malinche" (the betrayal), she is believed to have been the key to Hernan Cortes's conquering of her homelands (now known as Mexico) and peoples. She was Cortes's slave until her death.
- Benedict Arnold, a successful general for the colonists during the first years of the War of Independence. Faced with mounting debt and repeat legal attacks from individual colonial officials (who interested in unseating him as a low-born individual who had worked his way into the upper echelons of colonial society), he defected to the British side of the dispute in 1779 in hopes of garnering better treatment. He was executed for his treason.
- Wang Ching-wei, a Chinese anarchist who attempted to assassinate an imperial Japanese leader in 1910, returned to China and created a left-wing communist faction that competed with leader Chiang Kai-shek's right-wing group, and ultimately defected to Japan in full in order to govern areas of China controlled by the Japanese in the 1940s. He died in 1944.
- Ikuko Toguri, known as "Tokyo Rose," was a first-generation Japanese-American woman who worked for the Japanese military's psychological warfare department during World War II. Though she argued that she had been forced into service, Toguri was sentenced to ten years in prison. She served six before being pardoned by President Ford in 1977.
What is the Punishment for Treason?
Punishment for treason varies across the globe. In some countries, such as the United States, Morocco, Thailand, the death penalty is a possible consequence for citizens convicted of treason, as well as fine-paying and prison time. It is important to note, however, that several countries that utilize the death penalty as criminal punishment are facing pressure from their citizenry and the international community to ban it.
Alternatively, in Russia, South Korea, Argentina and France, long-term prison sentences are the most likely punishment to be meted out to proven traitors.
The US Penalty for Treason
In Chapter 115 of the US Code, it is stated that "Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000." The death penalty, though legal in some states, has long been under fire from American citizens and the international community as inhumane. To that end, prison sentences have become the more common consequence for treason in the U.S.
Lesson Summary
Treason has meanings in both legal and everyday settings. For the latter, treason is an act of interpersonal betrayal, or infidelity. In the context of the law, treason is a crime that can be proven on the grounds of either "levying war" or "providing aid or comfort," strengthening an opposing force to a government or sovereign, or directly attacking a government or sovereign. There is a long history of treason, dating back to before Western colonization, but it is also an issue that nations contend with today.
To successfully convict someone of treason in the U.S., however, is very difficult to do. There must be:
- 1. TWO witnesses to the same singular act of treason, OR
- 2. A full confession from the accused, AND
- 3. Proof that the accused is an American citizen who carries no dual citizenship.
When an individual IS proven guilty of treason, the most common contemporary punishment is long-term prison time.
How To Prove Treason
The country you live in determines the definition of treason, as well as the requirements for conviction and subsequent punishment. For example, in the United States, it is often difficult to convict someone of treason. In places with a dictatorship, treason is much more easily provable. Following the Cuban revolution, it was easy to convict someone of treason there.
In the U.S., the definition of treason goes as follows: 'Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.'
It was made much more difficult to prove treason in the U.S. because of numerous instances of it being unfairly levied against citizens from other countries. Treason was rather easy to be convicted of a few hundred years ago - in England, for example, by simply stating that you did not like the king or queen. Our Constitution does not actually spell out what the act of treason consists of, it simply defines what the government cannot do about it. It also adds in the line about needing two witnesses to the act, in order to prove it beyond a doubt.
Famous Examples of Treason in History
A well-known, historical example of someone convicted of treason in the United States is General Benedict Arnold. As you may already know, Benedict Arnold gave the plans for West Point, a military installation, to the enemy British during the Revolutionary War. Arnold was an officer in the Revolutionary Army, but frequently found himself at odds with his superiors and the bureaucracy of the Congress. Being repeatedly passed over for promotions and owed pay, he eventually gave in to his anger and agreed to help the British. Benedict Arnold's name will forever be etched in history as a traitor. His virtues and accomplishments are lesser-known. He single-handedly led the Americans to victory during the Battle of Saratoga. Without his leadership, France would not have come to the rebels' aid. Arnold escaped, however, and could not be tried for treason.
Another example is John Brown. He was an abolitionist who attacked and took control of a federal arsenal at Harper's Ferry, Virginia. He wanted to start an insurrection against the U.S. and establish an anti-slavery stronghold. He had hoped the local slaves would rise up and join him in defending his new 'free state', where other slaves could escape to. Unfortunately, nobody joined him besides his original attack force. He was quickly surrounded and wounded. Most of his men were killed by the local militia. Brown was subsequently captured, tried, and hung by the state government of Virginia for treasonous acts against the United States.
Guy Fawkes is a well known figure from English history. On November 5, 1605, he was captured while trying to blow up Parliament in London. Fawkes was a Catholic, and wanted to take down the Protestant government in Parliament. He and his co-conspirators were rounded up, tortured, and subsequently executed. Their bodies were dragged, hung, drawn, and quartered, and their body parts distributed to the corners of the kingdom. A yearly celebration occurs on November 5th, where effigies are hung and burned to commemorate the day.
Common Punishments for Treason
In the United States of America, the traditional punishment for treason was execution. In the few times it was carried out, it was done so by hanging. In most cases of treason, the accused were sentenced to life in prison, or sometimes pardoned. In the modern U.S., the punishment for treason is written as either death, imprisonment, and/or a fine. It is completely dependent upon the court to decide, and one could imagine that the degree of treason would decide the fate.
Throughout history, the punishment for treason has actually been very severe in many different parts of the world. The accused would often be drawn, hung, beheaded, and then quartered. Think of William Wallace's fate in the movie 'Braveheart.' It was a brutal way to die, reserved for what most believed to be the worst offense you could commit: a betrayal of one's country.
Lesson Summary
Treason is essentially any act that helps a foreign country attack, make war, overthrow, or otherwise injure the traitor's own country and those who commit treason are referred to as traitors. It was made much more difficult to prove treason in the U.S. because of numerous instances of it being unfairly levied against citizens from other countries, not to mention those accused and convicted receiving brutal punishments, such as in Great Britain where traitors were drawn, quartered, hung, and beheaded. Our Constitution does not define so much what treason consists of, rather what the government cannot do about it. Two witnesses of the act are needed in order to prove treason beyond a doubt. There are a couple historical examples of treason in the United States. Some of the most famous were Benedict Arnold, who gave the plans for West Point to the British during the Revolutionary War; the abolitionist, John Brown, was convicted and hung for treason against the state of Virginia; and Guy Fawkes was captured in early 17th-century Britain for trying to blow up parliament. In the United States of America, the traditional punishment for treason was execution. In most cases of treason, the accused were pardoned or sentenced to life in prison.
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Video Transcript
Definition of Treason
Treason can be defined in a number of different ways. For our purposes here, we will define it as any act that helps a foreign country attack, make war, overthrow, or otherwise injure the traitor's own country. If you conspire to help a foreign power attack your country, you are guilty of treason. Those that commit treason are referred to as traitors. In a lesser sense, traitors can commit treason to any group of people, such as a political party or even just friends. Again, here we will be looking at the high crime of treason, the kind that is punishable by law.
How To Prove Treason
The country you live in determines the definition of treason, as well as the requirements for conviction and subsequent punishment. For example, in the United States, it is often difficult to convict someone of treason. In places with a dictatorship, treason is much more easily provable. Following the Cuban revolution, it was easy to convict someone of treason there.
In the U.S., the definition of treason goes as follows: 'Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.'
It was made much more difficult to prove treason in the U.S. because of numerous instances of it being unfairly levied against citizens from other countries. Treason was rather easy to be convicted of a few hundred years ago - in England, for example, by simply stating that you did not like the king or queen. Our Constitution does not actually spell out what the act of treason consists of, it simply defines what the government cannot do about it. It also adds in the line about needing two witnesses to the act, in order to prove it beyond a doubt.
Famous Examples of Treason in History
A well-known, historical example of someone convicted of treason in the United States is General Benedict Arnold. As you may already know, Benedict Arnold gave the plans for West Point, a military installation, to the enemy British during the Revolutionary War. Arnold was an officer in the Revolutionary Army, but frequently found himself at odds with his superiors and the bureaucracy of the Congress. Being repeatedly passed over for promotions and owed pay, he eventually gave in to his anger and agreed to help the British. Benedict Arnold's name will forever be etched in history as a traitor. His virtues and accomplishments are lesser-known. He single-handedly led the Americans to victory during the Battle of Saratoga. Without his leadership, France would not have come to the rebels' aid. Arnold escaped, however, and could not be tried for treason.
Another example is John Brown. He was an abolitionist who attacked and took control of a federal arsenal at Harper's Ferry, Virginia. He wanted to start an insurrection against the U.S. and establish an anti-slavery stronghold. He had hoped the local slaves would rise up and join him in defending his new 'free state', where other slaves could escape to. Unfortunately, nobody joined him besides his original attack force. He was quickly surrounded and wounded. Most of his men were killed by the local militia. Brown was subsequently captured, tried, and hung by the state government of Virginia for treasonous acts against the United States.
Guy Fawkes is a well known figure from English history. On November 5, 1605, he was captured while trying to blow up Parliament in London. Fawkes was a Catholic, and wanted to take down the Protestant government in Parliament. He and his co-conspirators were rounded up, tortured, and subsequently executed. Their bodies were dragged, hung, drawn, and quartered, and their body parts distributed to the corners of the kingdom. A yearly celebration occurs on November 5th, where effigies are hung and burned to commemorate the day.
Common Punishments for Treason
In the United States of America, the traditional punishment for treason was execution. In the few times it was carried out, it was done so by hanging. In most cases of treason, the accused were sentenced to life in prison, or sometimes pardoned. In the modern U.S., the punishment for treason is written as either death, imprisonment, and/or a fine. It is completely dependent upon the court to decide, and one could imagine that the degree of treason would decide the fate.
Throughout history, the punishment for treason has actually been very severe in many different parts of the world. The accused would often be drawn, hung, beheaded, and then quartered. Think of William Wallace's fate in the movie 'Braveheart.' It was a brutal way to die, reserved for what most believed to be the worst offense you could commit: a betrayal of one's country.
Lesson Summary
Treason is essentially any act that helps a foreign country attack, make war, overthrow, or otherwise injure the traitor's own country and those who commit treason are referred to as traitors. It was made much more difficult to prove treason in the U.S. because of numerous instances of it being unfairly levied against citizens from other countries, not to mention those accused and convicted receiving brutal punishments, such as in Great Britain where traitors were drawn, quartered, hung, and beheaded. Our Constitution does not define so much what treason consists of, rather what the government cannot do about it. Two witnesses of the act are needed in order to prove treason beyond a doubt. There are a couple historical examples of treason in the United States. Some of the most famous were Benedict Arnold, who gave the plans for West Point to the British during the Revolutionary War; the abolitionist, John Brown, was convicted and hung for treason against the state of Virginia; and Guy Fawkes was captured in early 17th-century Britain for trying to blow up parliament. In the United States of America, the traditional punishment for treason was execution. In most cases of treason, the accused were pardoned or sentenced to life in prison.
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Frequently Asked Questions
Who was the last person charged with treason?
Tomoya Kawakita is the last American to have been convicted of treason in U.S. courts. In 1952, he was convicted on the grounds of having mistreated American prisoners of war in service of the Japanese military during World War II.
What crimes are considered as treason?
Crimes of treason are those that compromise a nation, its government, or its sovereign. Acts of war against the nation, acts of support of the nation's enemies, or direct collaboration with enemies are all examples thereof.
Is treason still punishable by death?
In certain countries, treason is still punishable by death. However, the global community and various human rights organizations have been pressuring these nations to ban the practice completely for many years.
What is an example of high treason?
If a general in the U.S. military were to be proven guilty of aiding an enemy in an attack on the U.S. military, courtesy of witness testimonies from two individuals who witnessed the same act of treason, they would be convicted of high treason.
What is considered treason in the United States?
In the United States, "levying war" against the nation or "aiding or giving comfort to" enemies of the nation is considered treasonous behavior.
Can you be executed for treason in the US?
The death penalty, or execution, is a possible consequence of committing treason, but increasingly less likely to be selected as the ultimate punishment. Convicted traitors will be more likely to receive lengthy prison sentences.
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& teaching resources‐all
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I would definitely recommend Study.com to my colleagues. It’s like a teacher waved a magic wand and did the work for me. I feel like it’s a lifeline.
Jennifer B.
Teacher
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Treason Punishment & Examples | What is Treason?
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