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18 USC CHAPTER 35 - ESCAPE AND RESCUE 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 35 - ESCAPE AND RESCUE

.

-HEAD-

CHAPTER 35 - ESCAPE AND RESCUE

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Sec.

751. Prisoners in custody of institution or officer.

752. Instigating or assisting escape.

753. Rescue to prevent execution.

(754. Repealed.)

755. Officer permitting escape.

756. Internee of belligerent nation.

757. Prisoners of war or enemy aliens.

758. High speed flight from immigration checkpoint.

AMENDMENTS

1996 - Pub. L. 104-208, div. C, title I, Sec. 108(b)(2), Sept.

30, 1996, 110 Stat. 3009-558, added item 758.

1994 - Pub. L. 103-322, title XXXIII, Sec. 330004(5), Sept. 13,

1994, 108 Stat. 2141, struck out item 754 ''Rescue of body of

executed offender''.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 4082 of this title.

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18 USC Sec. 751 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 35 - ESCAPE AND RESCUE

-HEAD-

Sec. 751. Prisoners in custody of institution or officer

-STATUTE-

(a) 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.

(b) 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-

(June 25, 1948, ch. 645, 62 Stat. 734; Pub. L. 88-251, Sec. 1, Dec.

30, 1963, 77 Stat. 834; Pub. L. 89-176, Sec. 3, Sept. 10, 1965, 79

Stat. 675; Pub. L. 90-578, title IV, Sec. 402(b)(2), Oct. 17, 1968,

82 Stat. 1118; Pub. L. 100-690, title VII, Sec. 7055, Nov. 18,

1988, 102 Stat. 4402; Pub. L. 101-650, title III, Sec. 321, Dec. 1,

1990, 104 Stat. 5117; Pub. L. 103-322, title XXXIII, Sec.

330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 753h, 909 (May 14,

1930, ch. 274, Sec. 9, 46 Stat. 327; May 27, 1930, ch. 339, Sec. 9,

46 Stat. 390; Aug. 3, 1935, ch. 432, 49 Stat. 513).

Sections 753h and 909 of title 18, U.S.C., 1940 ed., were

consolidated. Section 753h is later and more comprehensive. The

substance of its provisions was adopted.

References to offenses as felonies or misdemeanors were omitted

in view of definitive section 1 of this title. (See also reviser's

notes under section 550 of this title.)

Mandatory provision as to separate sentences and order of service

was omitted in order to permit court to exercise discretion as to

whether sentences should be concurrent or consecutive and to

obviate administration problems in enforcement of section.

Words ''or employee'' were inserted to remove ambiguity as to

scope of section.

Reference to ''custody or confinement is for extradition'' was

inserted to avoid possible ambiguity.

Changes were made in phraseology and arrangement.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' after ''any offense, be'' and for

''fined not more than $1,000'' after ''conviction, be'' in subsec.

(a) and substituted ''fined under this title'' for ''fined not more

than $1,000'' in subsec. (b).

1988 - Subsec. (a). Pub. L. 100-690 inserted '', or for exclusion

or expulsion proceedings under the immigration laws,'' after

''extradition''.

1965 - Pub. L. 89-176 inserted ''or facility'' after

''institution''.

1963 - Pub. L. 88-251 designated existing provisions as subsec.

(a) and added subsec. (b).

-CHANGE-

CHANGE OF NAME

Words ''magistrate judge'' substituted for ''magistrate'' in

subsecs. (a) and (b) pursuant to section 321 of Pub. L. 101-650,

set out as a note under section 631 of Title 28, Judiciary and

Judicial Procedure. Previously, ''magistrate'' substituted for

''commissioner'' pursuant to Pub. L. 90-578. See chapter 43 (Sec.

631 et seq.) of Title 28.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2516, 3050, 3592 of this

title; title 8 section 1537.

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18 USC Sec. 752 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 35 - ESCAPE AND RESCUE

-HEAD-

Sec. 752. Instigating or assisting escape

-STATUTE-

(a) 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.

(b) 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-

(June 25, 1948, ch. 645, 62 Stat. 735; May 28, 1956, ch. 331, 70

Stat. 216; Pub. L. 88-251, Sec. 2, Dec. 30, 1963, 77 Stat. 834;

Pub. L. 89-176, Sec. 3, Sept. 10, 1965, 79 Stat. 675; Pub. L.

100-690, title VII, Sec. 7055, Nov. 18, 1988, 102 Stat. 4402; Pub.

L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108

Stat. 2147; Pub. L. 107-273, div. B, title IV, Sec. 4002(d)(1)(D),

Nov. 2, 2002, 116 Stat. 1809.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 246, 247, 252, 661,

662c, 753i, 910 (R.S. Sec. 5277; Mar. 4, 1909, ch. 321, Sec. 141,

143, 35 Stat. 1114; May 14, 1930, ch. 274, Sec. 10, 46 Stat. 327;

May 27, 1930, ch. 339, Sec. 10, 46 Stat. 390; Mar. 22, 1934, ch.

73, Sec. 2, 48 Stat. 455; May 18, 1934, ch. 303, Sec. 1, 48 Stat.

782).

Section consolidated escape and rescue provisions of sections

246, 247, 252, 661, 662c, 753i, and 910 of title 18, U.S.C., 1940

ed. Remaining provisions of those sections are in sections 1071,

1072, 1502, 1792, 3183, and 3195 of this title.

No two sections provided the same punishment. Every section

except said section 252 made the offense a misdemeanor by providing

for fines varying from $500 to $1,000 and terms of imprisonment

varying from 6 months to 1 year. Said section 252, representing

the latest expression by Congress, provided for 10 years'

imprisonment.

The punishment provision was adopted from section 751 of this

title, which makes it unlawful for a prisoner to escape from his

place of confinement. Thus the same punishment would apply to the

person aiding in an escape as to the person escaping.

The language of this section reconciles the conflict by adopting

a penalty which is a compromise between the varying provisions.

Reference to ''extradition'' was inserted to avoid ambiguity and

to harmonize section with section 751 of this title.

References to ''force'' were omitted as well as those to

''officer'' or ''custody.'' See definition of ''Rescue,'' Black's

Law Dictionary, citing 4 Bl. Comm. 131.

Changes were made in phraseology.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273 substituted ''or conviction

of any offense, be fined under this title'' for ''or conviction of

any offense, be fined not more than $5,000''.

1994 - Subsecs. (a), (b). Pub. L. 103-322 substituted ''fined

under this title'' for ''fined not more than $1,000''.

1988 - Subsec. (a). Pub. L. 100-690 inserted '', or for exclusion

or expulsion proceedings under the immigration laws,'' after

''extradition''.

1965 - Pub. L. 89-176 inserted ''or facility'' after

''institution''.

1963 - Pub. L. 88-251 designated existing provisions as subsec.

(a) and added subsec. (b).

1956 - Act May 28, 1956, inserted '', or attempt to escape,''

after ''escape''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3050 of this title; title

8 section 1537.

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18 USC Sec. 753 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 35 - ESCAPE AND RESCUE

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Sec. 753. Rescue to prevent execution

-STATUTE-

Whoever, by force, sets at liberty or rescues any person found

guilty in any court of the United States of any capital crime,

while going to execution or during execution, shall be fined under

this title or imprisoned not more than twenty-five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 735; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(O), Sept. 13, 1994, 108 Stat. 2148.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 248 (Mar. 4, 1909, ch.

321, Sec. 142, 35 Stat. 1114).

Mandatory punishment provision was rephrased in the alternative.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $25,000''.

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18 USC Sec. 754 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 35 - ESCAPE AND RESCUE

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(Sec. 754. Repealed. Pub. L. 103-322, title XXXIII, Sec. 330004(5),

Sept. 13, 1994, 108 Stat. 2141)

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Section, acts June 25, 1948, ch. 645, 62 Stat. 735; Sept. 13,

1994, Pub. L. 103-322, title XXXIII, Sec. 330016(1)(B), 108 Stat.

2146, related to rescue of bodies of executed offenders.

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18 USC Sec. 755 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 35 - ESCAPE AND RESCUE

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Sec. 755. Officer permitting escape

-STATUTE-

Whoever, having in his custody any prisoner by virtue of process

issued under the laws of the United States by any court, judge, or

magistrate judge, voluntarily suffers such prisoner to escape,

shall be fined under this title or imprisoned not more than 5

years, or both; or if he negligently suffers such person to escape,

he shall be fined under this title or imprisoned not more than one

year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 735; Pub. L. 90-578, title IV,

Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650,

title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103-322,

title XXXIII, Sec. 330016(1)(G), (I), Sept. 13, 1994, 108 Stat.

2147; Pub. L. 104-132, title VII, Sec. 705(a)(2), Apr. 24, 1996,

110 Stat. 1295.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 244, 662e, 665 (Feb. 6,

1905, ch. 454, Sec. 2, 33 Stat. 698; Mar. 4, 1909, ch. 321, Sec.

138, 139, 35 Stat. 1113; Mar. 22, 1934, ch. 73, Sec. 4, 48 Stat.

456).

Sections 244, 662e and 665 of title 18, U.S.C., 1940 ed., were

consolidated. The two latter sections merely extended application

of the former. This section has been greatly condensed by changes

in phraseology which do not affect the substance.

Enumeration of ''marshal, deputy marshal, ministerial officer, or

other person,'' was omitted as surplusage.

Provision making section applicable to cases of prisoners in

custody pending extradition or removal proceedings as well as

prisoners convicted of offenses against the United States was

likewise omitted as unnecessary.

Changes in phraseology were made.

SENATE REVISION AMENDMENT

The text of this section was changed by Senate amendment in view

of the act of June 21, 1947, ch. 111, 61 Stat. 134, which, by

amending section 244 of Title 18, U.S.C., became an additional

source of this section. The amendment constitutes the last clause

of this section. See Senate Report No. 1620, amendment No. 8, 80th

Cong.

AMENDMENTS

1996 - Pub. L. 104-132 substituted ''5 years'' for ''two years''.

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $2,000'' after ''escape, shall be'' and for

''fined not more than $500'' after ''he shall be''.

-CHANGE-

CHANGE OF NAME

Words ''magistrate judge'' substituted for ''magistrate'' in text

pursuant to section 321 of Pub. L. 101-650, set out as a note under

section 631 of Title 28, Judiciary and Judicial Procedure.

Previously, ''magistrate'' substituted for ''commissioner''

pursuant to Pub. L. 90-578. See chapter 43 (Sec. 631 et seq.) of

Title 28.

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18 USC Sec. 756 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 35 - ESCAPE AND RESCUE

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Sec. 756. Internee of belligerent nation

-STATUTE-

Whoever, within the jurisdiction of the United States, aids or

entices any person belonging to the armed forces of a belligerent

nation or faction who is interned in the United States in

accordance with the law of nations, to escape or attempt to escape

from the jurisdiction of the United States or from the limits of

internment prescribed, shall be fined under this title or

imprisoned not more than five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 735; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L.

104-132, title VII, Sec. 705(a)(3), Apr. 24, 1996, 110 Stat. 1295.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 37 (June 15, 1917, ch.

30, title V, Sec. 7, 40 Stat. 223).

Section was divided. Remaining provisions relating to arrest

appear in section 3058 of this title.

Minor changes in phraseology were made.

AMENDMENTS

1996 - Pub. L. 104-132 substituted ''five years'' for ''one

year''.

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 465.

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18 USC Sec. 757 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 35 - ESCAPE AND RESCUE

-HEAD-

Sec. 757. Prisoners of war or enemy aliens

-STATUTE-

Whoever procures the escape of any prisoner of war held by the

United States or any of its allies, or the escape of any person

apprehended or interned as an enemy alien by the United States or

any of its allies, or advises, connives at, aids, or assists in

such escape, or aids, relieves, transports, harbors, conceals,

shelters, protects, holds correspondence with, gives intelligence

to, or otherwise assists any such prisoner of war or enemy alien,

after his escape from custody, knowing him to be such prisoner of

war or enemy alien, or attempts to commit or conspires to commit

any of the above acts, shall be fined under this title or

imprisoned not more than ten years, or both.

The provisions of this section shall be in addition to and not in

substitution for any other provision of law.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 735; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 97b (Apr. 30, 1945, ch.

103, 59 Stat. 101).

The second sentence of section 97b of title 18, U.S.C., 1940 ed.,

was made a separate paragraph.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000'' in first par.

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18 USC Sec. 758 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 35 - ESCAPE AND RESCUE

-HEAD-

Sec. 758. High speed flight from immigration checkpoint

-STATUTE-

Whoever flees or evades a checkpoint operated by the Immigration

and Naturalization Service, or any other Federal law enforcement

agency, in a motor vehicle and flees Federal, State, or local law

enforcement agents in excess of the legal speed limit shall be

fined under this title, imprisoned not more than five years, or

both.

-SOURCE-

(Added Pub. L. 104-208, div. C, title I, Sec. 108(b)(1), Sept. 30,

1996, 110 Stat. 3009-557.)

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

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CONGRESSIONAL FINDINGS

Section 108(a) of div. C of Pub. L. 104-208 provided that: ''The

Congress finds as follows:

''(1) Immigration checkpoints are an important component of the

national strategy to prevent illegal immigration.

''(2) Individuals fleeing immigration checkpoints and leading

law enforcement officials on high speed vehicle chases endanger

law enforcement officers, innocent bystanders, and the fleeing

individuals themselves.

''(3) The pursuit of suspects fleeing immigration checkpoints

is complicated by overlapping jurisdiction among Federal, State,

and local law enforcement officers.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 8 section 1227.

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