Treason against the United States is a federal criminal offense and is unique because it is the only crime defined in the United States Constitution. The original Framers of the Constitution believed the citizens of the country owed their loyalty to the country, but were primarily concerned with defining and limiting the crime of treason to guard against the historic use of treason prosecutions by repressive governments.

Article III, Section 3 of the Constitution states:

“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 corruption of blood, or forfeiture except during the life of the person attainted.”

And in 1948 the United States Congress enacted a statute—18 U.S.C. §2381— that defines the crime of treason:

“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.”

States also have laws that criminalize treason against the state. These state laws are usually located in the state’s statutes or in its constitution.

Treason against the United States is defined by the U.S. Constitution and federal law, specifically Article III, Section 3 of the Constitution and 18 U.S.C. §2381. The Constitution specifies that treason consists of levying war against the United States or aiding its enemies, and requires the testimony of two witnesses to the same overt act or a confession in open court for a conviction. The punishment, as determined by Congress, can range from death to a minimum of five years' imprisonment and a fine of at least $10,000, and those convicted are barred from holding any U.S. office. While New Hampshire, like other states, may have its own laws regarding treason against the state, such offenses would be separate from the federal crime of treason against the United States. The federal law would supersede state laws in matters of treason against the nation.