18 U.S.C. § 3183 — Fugitives from State, Territory, or Possession into extraterritorial jurisdiction of United States
submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 196 words · no verdicts yet
This section requires a United States judicial officer or representative to arrest and secure a fugitive when a covered executive authority makes a properly certified demand. It allows the prisoner to be discharged if no appointed receiving agent appears within three months after the arrest, and authorizes that agent to transport the fugitive back.
When the executive authority of a State, Territory, District, or United States possession demands an American citizen or national as a fugitive from justice who fled to a country where the United States exercises extraterritorial jurisdiction, the authority must produce either a copy of an indictment or an affidavit made before a magistrate of the demanding jurisdiction. The document must charge the fugitive with treason, a felony, or another offense. The Governor or chief magistrate of the demanding jurisdiction, or another authorized person, must certify that the document is authentic.
The United States officer or representative with judicial authority who receives the demand must arrest and secure the fugitive. That officer or representative must notify the executive authorities that made the demand, or the agent those authorities appointed to receive the fugitive. The officer or representative must deliver the fugitive to that agent when the agent appears.
If no such agent appears within three months after the arrest, the prisoner may be discharged.
The agent who receives the fugitive may transport the fugitive to the jurisdiction from which the fugitive fled. This section does not define the terms “fugitive from justice” or “extraterritorial jurisdiction.”
Whenever the executive authority of any State, Territory, District, or possession of the United States demands any American citizen or national as a fugitive from justice who has fled to a country in which the United States exercises extraterritorial jurisdiction, and produces a copy of an indictment found or an affidavit made before a magistrate of the demanding jurisdiction, charging the fugitive so demanded with having committed treason, felony, or other offense, certified as authentic by the Governor or chief magistrate of such demanding jurisdiction, or other person authorized to act, the officer or representative of the United States vested with judicial authority to whom the demand has been made shall cause such fugitive to be arrested and secured, and notify the executive authorities making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear.
If no such agent shall appear within three months from the time of the arrest, the prisoner may be discharged.
The agent who receives the fugitive into his custody shall be empowered to transport him to the jurisdiction from which he has fled.
Source credit: (June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 107–273, div. B, title IV, § 4004(d), Nov. 2, 2002, 116 Stat. 1812.)
- 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 822
- 2002Amended · Pub. L. 107-273 · 116 Stat. 1812
A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.
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