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18 USC CHAPTER 49 - FUGITIVES FROM JUSTICE 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 49 - FUGITIVES FROM JUSTICE

.

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CHAPTER 49 - FUGITIVES FROM JUSTICE

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Sec.

1071. Concealing person from arrest.

1072. Concealing escaped prisoner.

1073. Flight to avoid prosecution or giving testimony.

1074. Flight to avoid prosecution for damaging or destroying any

building or other real or personal property.

AMENDMENTS

1960 - Pub. L. 86-449, title II, Sec. 202, May 6, 1960, 74 Stat.

87, added item 1074.

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18 USC Sec. 1071 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 49 - FUGITIVES FROM JUSTICE

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Sec. 1071. Concealing person from arrest

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Whoever harbors or conceals any person for whose arrest a warrant

or process has been issued under the provisions of any law of the

United States, so as to prevent his discovery and arrest, after

notice or knowledge of the fact that a warrant or process has been

issued for the apprehension of such person, shall be fined under

this title or imprisoned not more than one year, or both; except

that if the warrant or process issued on a charge of felony, or

after conviction of such person of any offense, the punishment

shall be a fine under this title, or imprisonment for not more than

five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 755; Aug. 20, 1954, ch. 771, 68

Stat. 747; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), (K),

Sept. 13, 1994, 108 Stat. 2147; Pub. L. 107-273, div. B, title IV,

Sec. 4003(a)(3), Nov. 2, 2002, 116 Stat. 1811.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 246 (Mar. 4, 1909, ch.

321, Sec. 141, 35 Stat. 1114).

Section 246 of title 18, U.S.C., 1940 ed., was divided. Part is

in this section and the remainder is incorporated in section 752 of

this title.

Minor changes were made in phraseology.

AMENDMENTS

2002 - Pub. L. 107-273 substituted ''fine under this title'' for

''fine of under this title''.

1994 - Pub. L. 103-322 substituted ''under this title'' for ''not

more than $1,000'' after ''person, shall be fined'' and for ''not

more than $5,000'' after ''shall be a fine of''.

1954 - Act Aug. 20, 1954, increased the penalty from 6 months to

1 year where the violator harbored a person for whom process has

been issued on a misdemeanor charge and inserted the penalty

provision where the violation occurred after a person has been

convicted of any offense or where a process has been issued for a

felony.

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18 USC Sec. 1072 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 49 - FUGITIVES FROM JUSTICE

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Sec. 1072. Concealing escaped prisoner

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Whoever willfully harbors or conceals any prisoner after his

escape from the custody of the Attorney General or from a Federal

penal or correctional institution, shall be imprisoned not more

than three years.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 755.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 753i, 910 (May 14,

1930, ch. 274, Sec. 10, 46 Stat. 327; May 27, 1930, ch. 339, Sec.

10, 46 Stat. 390).

Section consolidates similar language of said sections of title

18, U.S.C., 1940 ed. Remaining provisions are in section 752 of

this title.

Words ''willfully harbors'' were added in conformity with section

1071 of this title. Punishment for harboring violators of the

Espionage laws is provided in section 792 of this title.

Punishment for harboring deserters from the armed forces is

provided in section 1381 of this title.

Minor changes were made in phraseology.

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18 USC Sec. 1073 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 49 - FUGITIVES FROM JUSTICE

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Sec. 1073. Flight to avoid prosecution or giving testimony

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Whoever moves or travels in interstate or foreign commerce with

intent either (1) to avoid prosecution, or custody or confinement

after conviction, under the laws of the place from which he flees,

for a crime, or an attempt to commit a crime, punishable by death

or which is a felony under the laws of the place from which the

fugitive flees, or (2) to avoid giving testimony in any criminal

proceedings in such place in which the commission of an offense

punishable by death or which is a felony under the laws of such

place, is charged, or (3) to avoid service of, or contempt

proceedings for alleged disobedience of, lawful process requiring

attendance and the giving of testimony or the production of

documentary evidence before an agency of a State empowered by the

law of such State to conduct investigations of alleged criminal

activities, shall be fined under this title or imprisoned not more

than five years, or both. For the purposes of clause (3) of this

paragraph, the term ''State'' includes a State of the United

States, the District of Columbia, and any commonwealth, territory,

or possession of the United States.

Violations of this section may be prosecuted only in the Federal

judicial district in which the original crime was alleged to have

been committed, or in which the person was held in custody or

confinement, or in which an avoidance of service of process or a

contempt referred to in clause (3) of the first paragraph of this

section is alleged to have been committed, and only upon formal

approval in writing by the Attorney General, the Deputy Attorney

General, the Associate Attorney General, or an Assistant Attorney

General of the United States, which function of approving

prosecutions may not be delegated.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 755; Apr. 6, 1956, ch. 177, Sec.

1, 70 Stat. 100; Pub. L. 87-368, Oct. 4, 1961, 75 Stat. 795; Pub.

L. 91-452, title III, Sec. 302, Oct. 15, 1970, 84 Stat. 932; Pub.

L. 100-690, title VII, Sec. 7020(b), Nov. 18, 1988, 102 Stat. 4396;

Pub. L. 103-322, title XXXIII, Sec. 330004(19), 330016(1)(K), Sept.

13, 1994, 108 Stat. 2142, 2147; Pub. L. 104-294, title VI, Sec.

607(e), Oct. 11, 1996, 110 Stat. 3511.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 408e (May 18, 1934, ch.

302, 48 Stat. 782; Aug. 2, 1946, ch. 735, 60 Stat. 789).

Said section 408e was rewritten and the phrase ''offenses as they

are defined either at common law or by the laws of the place from

which the fugitive flees'' were inserted to remove the ambiguity

discussed in the opinion of the Circuit Court of Appeals, Third

Circuit, in Brandenburg v. U.S., decided September 6, 1944, not

yet reported (144 F2d 656), reversing the conviction of the

appellant. The court held that Congress intended the enumerated

offenses to mean those as defined at common law. The effect of the

rewritten section is to make the statute applicable whether the

offense committed is one defined at common law or by the law of the

state from which the fugitive flees.

The words ''offense punishable by imprisonment in a

penitentiary'' were substituted for ''felony'' to make the statute

uniformly applicable and to include crimes of the grade of felony

even where, as in New Jersey, they are denominated as misdemeanor,

high misdemeanor or otherwise.

Words ''from any State, Territory, or possession of the United

States or the District of Columbia'' were omitted in view of

definitive section 10 of this title.

Words ''upon conviction thereof'' were deleted as surplusage

since punishment cannot be imposed until a conviction is secured.

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 inserted at end of first par. ''For the

purposes of clause (3) of this paragraph, the term 'State' includes

a State of the United States, the District of Columbia, and any

commonwealth, territory, or possession of the United States.''

1994 - Pub. L. 103-322, Sec. 330016(1)(K), substituted ''fined

under this title'' for ''fined not more than $5,000''.

Pub. L. 103-322, Sec. 330004(19), struck out ''or which, in the

case of New Jersey, is a high misdemeanor under the laws of said

State,'' before ''or (2) to avoid'' and ''or which in the case of

New Jersey, is a high misdemeanor under the laws of said State,''

before ''is charged, or (3)''.

1988 - Pub. L. 100-690 inserted '', the Deputy Attorney General,

the Associate Attorney General,'' after ''the Attorney General''.

1970 - Pub. L. 91-452 inserted cl. (3) and '', or in which an

avoidance of service of process or a contempt referred to in clause

(3) of the first paragraph of this section is alleged to have been

committed,'' after ''in custody or confinement''.

1961 - Pub. L. 87-368 substituted ''a crime, or an attempt to

commit a crime, punishable by death or which is a felony under the

laws of the place from which the fugitive flees, or which, in the

case of New Jersey, is a high misdemeanor under the laws of said

State'' for ''murder, kidnaping, burglary, robbery, mayhem, rape,

assault with a dangerous weapon, arson punishable as a felony, or

extortion accompanied by threats of violence, or attempt to commit

any of the foregoing offenses as they are defined either at common

law or by the laws of the place from which the fugitive flees'',

''death or which is a felony under the laws of such place, or which

in the case of New Jersey, is a high misdemeanor under the laws of

said State,'' for ''imprisonment in a penitentiary'', and required

that prosecutions must be upon the formal written approval of the

Attorney General or an Assistant Attorney General, which function

may not be delegated.

1956 - Act Apr. 6, 1956, inserted '', arson punishable as a

felony'' after ''assault with a dangerous weapon''.

EFFECTIVE DATE OF 1956 AMENDMENT

Section 2 of act Apr. 6, 1956, provided that: ''The amendment

made by the first section of this Act (amending this section) shall

take effect on the thirtieth day after the date of enactment of

this Act (April 6, 1956).''

PARENTAL KIDNAPING AND INTERSTATE OR INTERNATIONAL FLIGHT TO AVOID

PROSECUTION UNDER APPLICABLE STATE FELONY STATUTES

Pub. L. 96-611, Sec. 10, Dec. 28, 1980, 94 Stat. 3573, provided

that:

''(a) In view of the findings of the Congress and the purposes of

sections 6 to 10 of this Act set forth in section 302 (probably

means section 7 of Pub. L. 96-611, set out as a note under section

1738A of Title 28, Judiciary and Judicial Procedure), the Congress

hereby expressly declares its intent that section 1073 of title 18,

United States Code, apply to cases involving parental kidnaping and

interstate or international flight to avoid prosecution under

applicable State felony statutes.

''(b) The Attorney General of the United States, not later than

120 days after the date of the enactment of this section (Dec. 28,

1980) (and once every 6 months during the 3-year period following

such 120-day period), shall submit a report to the Congress with

respect to steps taken to comply with the intent of the Congress

set forth in subsection (a). Each such report shall include -

''(1) data relating to the number of applications for

complaints under section 1073 of title 18, United States Code in

cases involving parental kidnaping;

''(2) data relating to the number of complaints issued in such

cases; and

''(3) such other information as may assist in describing the

activities of the Department of Justice in conformance with such

intent.''

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18 USC Sec. 1074 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 49 - FUGITIVES FROM JUSTICE

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Sec. 1074. Flight to avoid prosecution for damaging or destroying

any building or other real or personal property

-STATUTE-

(a) Whoever moves or travels in interstate or foreign commerce

with intent either (1) to avoid prosecution, or custody, or

confinement after conviction, under the laws of the place from

which he flees, for willfully attempting to or damaging or

destroying by fire or explosive any building, structure, facility,

vehicle, dwelling house, synagogue, church, religious center or

educational institution, public or private, or (2) to avoid giving

testimony in any criminal proceeding relating to any such offense

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

years, or both.

(b) Violations of this section may be prosecuted in the Federal

judicial district in which the original crime was alleged to have

been committed or in which the person was held in custody or

confinement: Provided, however, That this section shall not be

construed as indicating an intent on the part of Congress to

prevent any State, Territory, Commonwealth, or possession of the

United States of any jurisdiction over any offense over which they

would have jurisdiction in the absence of such section.

-SOURCE-

(Added Pub. L. 86-449, title II, Sec. 201, May 6, 1960, 74 Stat.

86; amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept.

13, 1994, 108 Stat. 2147.)

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AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $5,000''.

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