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CITE

    18 USC Sec. 752                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 35 - ESCAPE AND RESCUE

HEAD

    Sec. 752. Instigating or assisting escape

STATUTE

      (a) Whoever rescues or attempts to rescue or instigates, aids or
    assists the escape, or attempt to escape, of any person arrested
    upon a warrant or other process issued under any law of the United
    States, or committed to the custody of the Attorney General or to
    any institution or facility by his direction, 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 rescues or attempts to rescue or instigates, aids, or
    assists the escape or attempted escape of any person in the custody
    of the Attorney General or his authorized representative, or of any
    person arrested upon a warrant or other process issued under any
    law of the United States or from any institution or facility in
    which he is confined by direction of the Attorney General, 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.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 735; May 28, 1956, ch. 331, 70
    Stat. 216; Pub. L. 88-251, Sec. 2, Dec. 30, 1963, 77 Stat. 834;
    Pub. L. 89-176, Sec. 3, Sept. 10, 1965, 79 Stat. 675; Pub. L. 100-
    690, title VII, Sec. 7055, Nov. 18, 1988, 102 Stat. 4402; Pub. L.
    103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat.
    2147; Pub. L. 107-273, div. B, title IV, Sec. 4002(d)(1)(D), Nov.
    2, 2002, 116 Stat. 1809.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Secs. 246, 247, 252, 661,
    662c, 753i, 910 (R.S. Sec. 5277; Mar. 4, 1909, ch. 321, Secs. 141,
    143, 35 Stat. 1114; May 14, 1930, ch. 274, Sec. 10, 46 Stat. 327;
    May 27, 1930, ch. 339, Sec. 10, 46 Stat. 390; Mar. 22, 1934, ch.
    73, Sec. 2, 48 Stat. 455; May 18, 1934, ch. 303, Sec. 1, 48 Stat.
    782).
      Section consolidated escape and rescue provisions of sections
    246, 247, 252, 661, 662c, 753i, and 910 of title 18, U.S.C., 1940
    ed. Remaining provisions of those sections are in sections 1071,
    1072, 1502, 1792, 3183, and 3195 of this title.
      No two sections provided the same punishment. Every section
    except said section 252 made the offense a misdemeanor by providing
    for fines varying from $500 to $1,000 and terms of imprisonment
    varying from 6 months to 1 year. Said section 252, representing the
    latest expression by Congress, provided for 10 years' imprisonment.
      The punishment provision was adopted from section 751 of this
    title, which makes it unlawful for a prisoner to escape from his
    place of confinement. Thus the same punishment would apply to the
    person aiding in an escape as to the person escaping.
      The language of this section reconciles the conflict by adopting
    a penalty which is a compromise between the varying provisions.
      Reference to "extradition" was inserted to avoid ambiguity and to
    harmonize section with section 751 of this title.
      References to "force" were omitted as well as those to "officer"
    or "custody." See definition of "Rescue," Black's Law Dictionary,
    citing 4 Bl. Comm. 131.
      Changes were made in phraseology.
                                AMENDMENTS
      2002 - Subsec. (a). Pub. L. 107-273 substituted "or conviction of
    any offense, be fined under this title" for "or conviction of any
    offense, be fined not more than $5,000".
      1994 - Subsecs. (a), (b). Pub. L. 103-322 substituted "fined
    under this title" for "fined not more than $1,000".
      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).
      1956 - Act May 28, 1956, inserted ", or attempt to escape," after
    "escape".