On January 6, 2021, a violent mob stormed the Capitol building in Washington, DC. The riot led to the lockdown of the building, property damage, countless injuries and, when the dust cleared, five deaths. In the ensuing days of confusion and chaos, Americans are hearing terms we haven’t talked about since we were in history class – words like sedition, coup, insurrection, and even treason.

Today’s blog takes a deeper look at what these terms really mean in today’s world; what those charges entail and the possible criminal punishments for each.

What is sedition?

According to the Marshall Project, sedition is part of a criminal act called “seditious conspiracy.” This is either using or planning to use force against the United States government, efforts to take or seize government property, or attempting to use force to delay the execution of any United States law. Attempting to interrupt the counting of electoral votes likely ticks the sedition box, according to legal experts.

Punishment for conviction of seditious conspiracy can include up to 20 years in prison.

What is insurrection?

Insurrection falls under the same type of charges as sedition, but prosecutors rarely use this charge. The Insurrection Act of 1807 allows the President to deploy the military to suppress a rebellion. Insurrection charges are rare because it means engaging and inciting in a full-scale rebellion against the government with significant violence.

Punishment for insurrection or rebellion can include up to 10 years in prison as well as the inability to hold public office.

What is a coup, or coup d’état?

Dictionary.com defines a coup as “a sudden and decisive action in politics, especially one resulting in a change of government illegally or by force.” In shorthand, it means an overthrow of the government. Some elements of the January 6 events meet the definition of a coup, and possibly an attempted coup. “Invading the national legislature through force sounds like a coup; peaceful protest is obviously not,” said Michael Klarman, a Harvard Law School professor.

Punishment for attempt to overthrow the government includes up to 20 years in prison and ineligibility for federal employment for the next five years.

What is treason?

The Marshall Project notes that treason is the only crime defined by the U.S. Constitution. An American citizen can only commit treason in one of two ways – levying war against the United States, or giving “aid and comfort” to a U.S. enemy. To be found guilty of treason, a citizen must have the intent of betraying the country and then commit that act. The Project also points out that the U.S. has brought treason charges about 30 times in our country’s history, including against Nazi and Al Qaeda sympathizers.

The punishment for treason can be death or prison, depending on the charges.

At Carey Law Office, we provide criminal defense representation to clients in the Bowie and Crofton areas. If you would like to schedule a consultation, feel free to call us at 301-464-2500 or fill out our contact form.