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Constitutional paths
Article III defines treason in two ways: levying war against the United States, or adhering to its enemies by giving them aid and comfort.
Source: U.S. Constitution, Article III, Section 3 ↗September 17, 1787Reference Guide
U.S. Treason Law Facts and Figures
A source-linked guide to the Constitution’s narrow definition, its proof rule, the federal statute, and leading Supreme Court decisions.
Last updated September 16, 2026
The Short Version
Precision matters.
In American law, treason is not a catchall word for corruption, betrayal, criticism, or unpopular conduct. The Constitution sets a specific definition and a special proof rule. This page collects the core numbers and dates in one place, with each point linked to a primary legal source or the Constitution Annotated.
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Witnesses to one act
A treason conviction requires the testimony of two witnesses to the same overt act, unless there is a confession in open court.
Source: U.S. Constitution, Article III, Section 3 ↗September 17, 17871
Alternative proof route
The Constitution names one alternative to the two-witness rule: a confession made in open court.
Source: U.S. Constitution, Article III, Section 3 ↗September 17, 17875
Year minimum
The federal treason statute sets a minimum prison term of five years for a person convicted under the statute.
Source: 18 U.S.C. § 2381 ↗Current federal code, checked August 25, 2026$10,000
Minimum fine
The same statute sets a minimum fine of $10,000, in addition to other penalties it authorizes.
Source: 18 U.S.C. § 2381 ↗Current federal code, checked August 25, 20261807
Bollman decision
In Ex parte Bollman, the Supreme Court held that a conspiracy alone is not treason and described an actual assemblage for a treasonable purpose as part of levying war.
Source: Constitution Annotated, Cornell Law School ↗1807 decision1945
Cramer decision
In Cramer v. United States, the Supreme Court addressed the overt-act requirement and reversed the treason conviction at issue.
Source: Constitution Annotated, Cornell Law School ↗April 23, 19451947
Haupt decision
In Haupt v. United States, the Supreme Court upheld a treason conviction, explaining that otherwise innocent acts may be evaluated in their surrounding context.
Source: Constitution Annotated, Cornell Law School ↗March 31, 1947Death
Maximum penalty
The federal treason statute authorizes death as one possible penalty, alongside imprisonment, a fine, and disqualification from holding office.
Source: 18 U.S.C. § 2381 ↗Current federal code, checked September 16, 2026No limit
Time to indict
Federal law permits an indictment at any time for an offense punishable by death. The treason statute authorizes death as one possible penalty.
Source: 18 U.S.C. § 3281 ↗Current federal code, checked September 16, 20261
Federal offense
Federal law names the offense treason. “High treason” is not the title of a separate federal crime in the Constitution or 18 U.S.C. § 2381.
Source: U.S. Constitution and 18 U.S.C. § 2381 ↗Current federal code, checked September 16, 2026III
Constitutional clause
Article III, Section 3 supplies the definition and proof rule that Congress cannot broaden through ordinary political language or a different statutory label.
Source: U.S. Constitution, Article III, Section 3 ↗September 17, 1787Reading the Rule
What these figures do and do not establish.
The constitutional test is deliberately narrow. The word “only” in Article III limits treason to the conduct named in the clause, and the two-witness rule guards against treating a grave accusation as a shortcut to a verdict. The facts above explain the legal framework. They do not determine whether any person has committed a crime.
For a plain-language walkthrough of the clause and its historical purpose, read the site’s constitutional definition of treason guide.
Method and Sources
This guide uses the text of the Constitution, the current federal treason statute, and the Constitution Annotated. Each fact is linked to the specific source used. Legal texts can be amended or further interpreted by courts, so this reference is reviewed regularly.
Cite This Page
A stable reference for your work.
Suggested citation: High Stakes Treason, “U.S. Treason Law Facts and Figures,” updated September 16, 2026.
Link directly to any numbered fact using the anchors above.