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.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 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 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.
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