9.82 - Treason.

9.82.010 - Defined—Penalty.

  1. Treason against the people of the state consists in—

    1. Levying war against the people of the state, or

    2. Adhering to its enemies, or

    3. Giving them aid and comfort.

  2. Treason is a class A felony and punishable by death.

  3. No person shall be convicted for treason unless upon the testimony of two witnesses to the same overt act or by confession in open court.

[ 2003 c 53 § 46; 1909 c 249 § 65; RRS § 2317; ]

9.82.020 - Levying war.

To constitute levying war against the state an actual act of war must be committed. To conspire to levy war is not enough. When persons arise in insurrection with intent to prevent, in general, by force and intimidation, the execution of a statute of this state, or to force its repeal, they shall be guilty of levying war. But an endeavor, although by numbers and force of arms, to resist the execution of a law in a single instance, and for a private purpose, is not levying war.

[ 1909 c 249 § 66; RRS § 2318; ]

9.82.030 - Misprision of treason.

Every person having knowledge of the commission of treason, who conceals the same, and does not, as soon as may be, disclose such treason to the governor or a justice of the supreme court or a judge of either the court of appeals or the superior court, shall be guilty of misprision of treason and punished by a fine of not more than one thousand dollars, or by imprisonment in a state correctional facility for not more than five years or in a county jail for up to three hundred sixty-four days.

[ 2011 c 96 § 9; 1992 c 7 § 16; 1971 c 81 § 45; 1909 c 249 § 67; RRS § 2319; ]


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