18 U.S.C. § 752 — Instigating or assisting escape
submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 291 words · no verdicts yet
This section sets penalties for helping a person escape from federal custody. The maximum penalty depends on the reason for the person’s custody or confinement.
(a) A person who rescues, tries to rescue, encourages, helps, or assists the escape or attempted escape of someone arrested under a warrant or other process issued under United States law, or committed to the Attorney General’s custody or to an institution or facility at the Attorney General’s direction, may be fined under this title, imprisoned, or both. If the custody or confinement results from an arrest for a felony or a conviction of any offense, imprisonment may be for up to five years. If it is for extradition, exclusion or expulsion proceedings under immigration laws, or an arrest, charge, or custody for a misdemeanor before conviction, imprisonment may be for up to one year.
(b) A person who rescues, tries to rescue, encourages, helps, or assists the escape or attempted escape of someone in the custody of the Attorney General or an authorized representative, someone arrested under a warrant or other process issued under United States law, or someone confined in an institution or facility at the Attorney General’s direction, may be fined under this title, imprisoned, or both. This applies when the custody or confinement results from a lawful arrest for violating United States law, if the violation is not punishable by death or life imprisonment, occurred before the person’s eighteenth birthday, and the Attorney General has not specifically directed criminal proceedings, or when it results from commitment as a juvenile delinquent under section 5034 of this title. Imprisonment may be for up to one year.
Whoever rescues or attempts to rescue or instigates, aids or assists the escape, or attempt to escape, of any person arrested upon a warrant or other process issued under any law of the United States, or committed to the custody of the Attorney General or to any institution or facility by his direction, 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 rescues or attempts to rescue or instigates, aids, or assists the escape or attempted escape of any person in the custody of the Attorney General or his authorized representative, or of any person arrested upon a warrant or other process issued under any law of the United States or from any institution or facility in which he is confined by direction of the Attorney General, 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.
Source credit: (June 25, 1948, ch. 645, 62 Stat. 735; May 28, 1956, ch. 331, 70 Stat. 216; Pub. L. 88–251, § 2, Dec. 30, 1963, 77 Stat. 834; Pub. L. 89–176, § 3, Sept. 10, 1965, 79 Stat. 675; Pub. L. 100–690, title VII, § 7055, Nov. 18, 1988, 102 Stat. 4402; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(D), Nov. 2, 2002, 116 Stat. 1809.)
- 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 735
- 1956Amended · Act of May 28, 1956, ch. 331 · 70 Stat. 216
- 1963Amended · Pub. L. 88-251 · 77 Stat. 834
- 1965Amended · Pub. L. 89-176 · 79 Stat. 675
- 1988Amended · Pub. L. 100-690 · 102 Stat. 4402
- 1994Amended · Pub. L. 103-322 · 108 Stat. 2147
- 2002Amended · Pub. L. 107-273 · 116 Stat. 1809
A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.
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