All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
11 Prosecutions
in June 2014
165 Prosecutions
in Fiscal Year 2014
Conviction Report
Not Available
1 Conviction
in Fiscal Year 2014

CITE

    18 USC Sec. 1073                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 49 - FUGITIVES FROM JUSTICE

HEAD

    Sec. 1073. Flight to avoid prosecution or giving testimony

STATUTE

      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, Secs. 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.)

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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