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CITE

    18 USC Sec. 751                                             01/05/2009

EXPCITE

    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.