Editing Treason (section)

====Federal====
To avoid the abuses of the English law, the scope of treason was specifically restricted in the [[United States Constitution]]. [[Article Three of the United States Constitution|Article III]], section 3 reads as follows:

{{blockquote|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.

The Congress shall have Power to declare the Punishment of Treason, but no [[Attainder]] of Treason shall work [[Attainder#Corruption of blood|Corruption of Blood]], or Forfeiture except during the Life of the Person attainted.}}

The Constitution does not itself create the offense; it only restricts the definition (the first paragraph), permits the [[United States Congress]] to create the offense, and restricts any punishment for treason to only the convicted (the second paragraph). The crime is prohibited by legislation passed by [[United States Congress|Congress]]. Therefore, the [[United States Code]] at {{usc|18|2381}} states: {{blockquote|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.}}

The requirement of testimony of two witnesses was inherited from the British [[Treason Act 1695]].

However, Congress has passed laws creating related offenses that punish conduct that undermines the government or the national security, such as [[sedition]] in the 1798 [[Alien and Sedition Acts]], or [[espionage]] and [[sedition]] in the [[Espionage Act of 1917]], which do not require the testimony of two witnesses and have a much broader definition than Article Three treason. Some of these laws are still in effect. The well-known spies [[Julius and Ethel Rosenberg]] were charged with, and [[Capital punishment in the United States|executed]] after being convicted of, conspiracy to commit espionage, rather than treason.<ref>[https://www.nytimes.com/2003/06/15/weekinreview/nation-rosenbergs-50-years-later-yes-they-were-guilty-but-what-exactly.html "The Nation: The Rosenbergs, 50 Years Later; Yes, They Were Guilty. But of What Exactly?"] by Sam Roberts, ''The New York Times'', 15 June 2003</ref> The last American executed primarily for treason was [[William Bruce Mumford]] in 1862.