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1878 Posse Comitatus Act

18 U.S.C. §1385 (2002)

Crimes and Criminal Procedure

Sec. 1385 Use of Army and Air Force as Posse Comitatus

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

Source

(Added Aug. 10, 1956, ch. 1041, Sec. 18(a), 70A Stat. 626; amended Pub. L. 86-70, Sec. 17(d), June 25, 1959, 73 Stat. 144; Pub. L.103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

Historical and Revision Note

Revised Section Source (U.S. Code) Source (Statutes at Large)

1385 10:15. June 18, 1878, ch. 263, Sec. 15, 20 Stat. 152; Mar.

3, 1899, ch. 429, Sec. 363 (proviso); added June 6,

1900, ch. 786, Sec. 29 (less last proviso), 31 Stat. 330.

This section is revised to conform to the style and terminology used in title 18. It is not enacted as a part of title 10, United States Code, since it is more properly allocated to title 18.

Amendments

1994 - Pub. L. 103-322 substituted ''fined under this title'' for ''fined not more than $10,000''.

1959 - Pub. L. 86-70 struck out provisions which made section inapplicable in Alaska.

Section Referred to in Other Sections

This section is referred to in section 831 of this title.

UPDATE: None

source: http://www.dtra.mil/press_resources/publications/deskbook/full_text/US_Code/18%20USC%201385.doc 23jan2005

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