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CITE

    18 USC Sec. 3                                               01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 1 - GENERAL PROVISIONS

HEAD

    Sec. 3. Accessory after the fact

STATUTE

      Whoever, knowing that an offense against the United States has
    been committed, receives, relieves, comforts or assists the
    offender in order to hinder or prevent his apprehension, trial or
    punishment, is an accessory after the fact.
      Except as otherwise expressly provided by any Act of Congress, an
    accessory after the fact shall be imprisoned not more than one-half
    the maximum term of imprisonment or (notwithstanding section 3571)
    fined not more than one-half the maximum fine prescribed for the
    punishment of the principal, or both; or if the principal is
    punishable by life imprisonment or death, the accessory shall be
    imprisoned not more than 15 years.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 99-646, Sec. 43,
    Nov. 10, 1986, 100 Stat. 3601; Pub. L. 101-647, title XXXV, Sec.
    3502, Nov. 29, 1990, 104 Stat. 4921; Pub. L. 103-322, title XXXIII,
    Secs. 330011(h), 330016(2)(A), Sept. 13, 1994, 108 Stat. 2145,
    2148.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Sec. 551 (Mar. 4, 1909, ch.
    321, Sec. 333, 35 Stat. 1152).
      The first paragraph is new. It is based upon authority of Skelly
    v. United States (C. C. A. Okl. 1935, 76 F. 2d 483, certiorari
    denied, 1935, 55 S. Ct. 914, 295 U.S. 757, 79 L. Ed. 1699), where
    the court defined an accessory after the fact as -
    one who knowing a felony to have been committed by another,
    receives, relieves, comforts, or assists the felon in order to
    hinder the felon's apprehension, trial, or punishment -
    and cited Jones' Blackstone, books 3 and 4, page 2204; U.S. v.
    Hartwell (Fed. Cas. No. 15,318); Albritton v. State (32 Fla. 358,
    13 So. 955); State v. Davis (14 R. I. 281); Schleeter v.
    Commonwealth (218 Ky. 72, 290 S. W. 1075). (See also State v.
    Potter, 1942, 221 N. C. 153, 19 S. E. 2d 257; Hunter v. State,
    1935, 128 Tex. Cr. R. 191, 79 S. W. 2d 855; State v. Wells, 1940,
    195 La. 754, 197 So. 419.)
      The second paragraph is from section 551 of title 18, U.S.C.,
    1940 ed. Here only slight changes were made in phraseology.
                                AMENDMENTS
      1994 - Pub. L. 103-322, Sec. 330016(2)(A), inserted
    "(notwithstanding section 3571)" before "fined not more than one-
    half" in second par.
      Pub. L. 103-322, Sec. 330011(h), amended directory language of
    Pub. L. 101-647, Sec. 3502. See 1990 Amendment note below.
      1990 - Pub. L. 101-647, as amended by Pub. L. 103-322, Sec.
    330011(h), substituted "15 years" for "ten years" in second par.
      1986 - Pub. L. 99-646 inserted "life imprisonment or" in second
    par.
                     EFFECTIVE DATE OF 1994 AMENDMENT
      Section 330011(h) of Pub. L. 103-322 provided that the amendment
    made by that section is effective as of Nov. 29, 1990.
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