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.

In New York, as in all states, treason against the United States is governed by federal law, not state law. The U.S. Constitution defines treason in Article III, Section 3, as levying war against the United States or adhering to their enemies, giving them aid and comfort. A conviction requires the testimony of two witnesses to the same overt act or a confession in open court. The punishment for treason is outlined in 18 U.S.C. § 2381, which includes the possibility of death, imprisonment of not less than five years, and a fine of at least $10,000. Additionally, individuals convicted of treason are barred from holding any office under the United States. While states may have their own laws regarding treason against the state, federal law takes precedence when it comes to treason against the nation. Therefore, in New York, cases of treason would be prosecuted under federal law.