A video shared on Instagram purports Title 18 U.S. Code Section 2381 indicates punishment for the crime of treason is public hanging.

 

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Verdict: False

Title 18 U.S. Code 2381 states a person who commits treason shall face death or be imprisoned as well as fined. There is no mention of punishment by public hanging, however. A constitutional law expert denied the claim’s validity in an email to Check Your Fact.

Fact Check:

Ksenia Karelina, a 33-year-old woman with dual U.S.-Russian citizenship, was arrested in Russia on charges of alleged treason, according to CNN. Karelina was arrested for supposedly “providing financial assistance to a foreign state in activities directed against Russia security” after she donated money to a Ukrainian charity, the outlet reported.

The Instagram video, which has received over 600 likes, purports Title 18 U.S. Code 2381 indicates punishment for the crime of treason is public hanging. The video appears to show a card bearing the guidelines of Title 18 U.S. Code 2381 as it relates to the charge of “capital felony treason.”

The claim is false. Title 18 U.S. Code 2381 states a person who commits treason shall face death or be imprisoned as well as fined. There is no mention of punishment by public hanging, however.

Title 18 U.S. Code 2381, in full, is as follows:

“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.”

Likewise, Check Your Fact found no credible news reports to support the claim. In fact, the opposite is true. USA Today also debunked the claim that Title 18 U.S. Code 2381 indicates punishment for the crime of treason is public hanging via a Mar. 12 article. (RELATED: Did Keith Olbermann Post This Profane Attack Towards The Women On The Supreme Court?)

Additionally, Michael Morley, a constitutional law expert at Florida State University’s College of Law, denied the claim’s validity in an email to Check Your Fact.

“The Constitution, Art III, sec. 3, defines the crime of treason, but gives Congress power to determine the punishment. Federal law, 18 USC 2381, specifies the punishment for treason as either death or imprisonment, fine, and disqualification from federal office,” Morley explained.

“The Supreme Court has imposed special procedural requirements for imposing the death penalty for criminal offenses, including requiring the jury to make findings about aggravating and mitigating factors and determine whether death is warranted. Federal law specifies when the death penalty is carried out, the government uses the same procedure as the state in which the sentence is imposed. 18 USC 3596(a).  If that state lacks the death penalty, the government may designate another state and use its procedure. Federal regulations specify that death sentences shall be carried out by lethal injection, in part because that procedure is authorized in every state which presently applies the death penalty. 85 Fed Reg 75,846 (Dec 28, 2020). There does not appear to be any legal basis for a categorical claim that a treason conviction would currently result in a public hanging,” he said.

Check Your Fact has also contacted another constitutional law expert for comment and will update this piece accordingly if one is received.