18 U.S.C. § 751 — Prisoners in custody of institution or officer
submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 350 words · no verdicts yet
Escaping or attempting to escape from specified federal custody is punishable by a fine, imprisonment, or both. The maximum imprisonment depends on the reason for custody, and subsection (b) covers certain juvenile cases.
(a) A person who escapes or tries to escape from the Attorney General or an authorized representative; from an institution or facility where the Attorney General directed the person to be confined; from custody under a process issued under United States law by a court, judge, or magistrate judge; or from a United States officer or employee’s custody after a lawful arrest, is subject to a fine under this title, imprisonment for up to five years, or both, if the custody or confinement is based on an arrest for a felony or on a conviction of any offense. If the custody or confinement is for extradition, exclusion or expulsion proceedings under immigration laws, or an arrest or charge for a misdemeanor before conviction, the person is subject to a fine under this title, imprisonment for up to one year, or both. (b) A person who escapes or tries to escape from any of the same forms of custody is subject to a fine under this title, imprisonment for up to one year, or both, if the custody or confinement is based on a lawful arrest for violating a United States law that is not punishable by death or life imprisonment and that was committed before the person’s eighteenth birthday, and the Attorney General has not specifically ordered criminal proceedings; or if it is based on commitment as a juvenile delinquent under section 5034. This section does not change the Attorney General’s discretionary authority under section 5032.
Whoever escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or magistrate judge, or from the custody of an officer or employee of the United States pursuant to lawful arrest, shall, if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be fined under this title or imprisoned not more than five years, or both; or if the custody or confinement is for extradition, or for exclusion or expulsion proceedings under the immigration laws, or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, be fined under this title or imprisoned not more than one year, or both.
Whoever escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or magistrate judge, or from the custody of an officer or employee of the United States pursuant to lawful arrest, shall, if the custody or confinement is by virtue of a lawful arrest for a violation of any law of the United States not punishable by death or life imprisonment and committed before such person’s eighteenth birthday, and as to whom the Attorney General has not specifically directed the institution of criminal proceedings, or by virtue of a commitment as a juvenile delinquent under section 5034 of this title, be fined under this title or imprisoned not more than one year, or both. Nothing herein contained shall be construed to affect the discretionary authority vested in the Attorney General pursuant to section 5032 of this title.
Source credit: (June 25, 1948, ch. 645, 62 Stat. 734; Pub. L. 88–251, § 1, Dec. 30, 1963, 77 Stat. 834; Pub. L. 89–176, § 3, Sept. 10, 1965, 79 Stat. 675; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 100–690, title VII, § 7055, Nov. 18, 1988, 102 Stat. 4402; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147.)
- 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 734
- 1963Amended · Pub. L. 88-251 · 77 Stat. 834
- 1965Amended · Pub. L. 89-176 · 79 Stat. 675
- 1968Amended · Pub. L. 90-578 · 82 Stat. 1118
- 1988Amended · Pub. L. 100-690 · 102 Stat. 4402
- 1990Amended · Pub. L. 101-650 · 104 Stat. 5117
- 1994Amended · Pub. L. 103-322 · 108 Stat. 2147
A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.
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