OFFENSES AGAINST EXISTENCE OR STABILITY OF THE STATE

    [This category of offenses, including treason, sedition, espionage and like crimes, was excluded from the scope of the Model Penal Code.  These offenses are peculiarly the concern of the federal government.  The Constitution itself defines treason: "Treason against the United States shall consist of levying War against them, or in adhering to their Enemies, giving the Aid and Comfort. . . ."  Article III, Section 3; cf. Pennsylvania v. Nelson, 350 U.S. 497 (supersession of state sedition legislation by federal law).  Also, the definition of offenses against the stability of the state is inevitably affected by special political considerations.  These factors militated against the use of the Institute's limited resources to attempt to draft "model" provisions in this area.  However we provide at this point in the Plan of the Model Penal Code for an Article 200, where definitions of offenses against the existence of stability of the state may be incorporated.]