TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
HEAD
Sec. 3146. Penalty for failure to appear
STATUTE
(a) Offense. - Whoever, having been released under this chapter
knowingly -
(1) fails to appear before a court as required by the
conditions of release; or
(2) fails to surrender for service of sentence pursuant to a
court order;
shall be punished as provided in subsection (b) of this section.
(b) Punishment. - (1) The punishment for an offense under this
section is -
(A) if the person was released in connection with a charge of,
or while awaiting sentence, surrender for service of sentence, or
appeal or certiorari after conviction for -
(i) an offense punishable by death, life imprisonment, or
imprisonment for a term of 15 years or more, a fine under this
title or imprisonment for not more than ten years, or both;
(ii) an offense punishable by imprisonment for a term of five
years or more, a fine under this title or imprisonment for not
more than five years, or both;
(iii) any other felony, a fine under this title or
imprisonment for not more than two years, or both; or
(iv) a misdemeanor, a fine under this title or imprisonment
for not more than one year, or both; and
(B) if the person was released for appearance as a material
witness, a fine under this chapter or imprisonment for not more
than one year, or both.
(2) A term of imprisonment imposed under this section shall be
consecutive to the sentence of imprisonment for any other offense.
(c) Affirmative Defense. - It is an affirmative defense to a
prosecution under this section that uncontrollable circumstances
prevented the person from appearing or surrendering, and that the
person did not contribute to the creation of such circumstances in
reckless disregard of the requirement to appear or surrender, and
that the person appeared or surrendered as soon as such
circumstances ceased to exist.
(d) Declaration of Forfeiture. - If a person fails to appear
before a court as required, and the person executed an appearance
bond pursuant to section 3142(b) of this title or is subject to the
release condition set forth in clause (xi) or (xii) of section
3142(c)(1)(B) of this title, the judicial officer may, regardless
of whether the person has been charged with an offense under this
section, declare any property designated pursuant to that section
to be forfeited to the United States.
SOURCE
(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98
Stat. 1982; amended Pub. L. 99-646, Sec. 55(f), Nov. 10, 1986, 100
Stat. 3609; Pub. L. 103-322, title XXXIII, Sec. 330016(2)(K), Sept.
13, 1994, 108 Stat. 2148; Pub. L. 104-294, title VI, Sec.
601(a)(4), Oct. 11, 1996, 110 Stat. 3498.)
PRIOR PROVISIONS
A prior section 3146, added Pub. L. 89-465, Sec. 3(a), June 22,
1966, 80 Stat. 214; amended Pub. L. 97-291, Sec. 8, Oct. 12, 1982,
96 Stat. 1257, related to release in noncapital cases prior to
trial, prior to repeal in the revision of this chapter by section
203(a) of Pub. L. 98-473.
Another prior section 3146, act Aug. 20, 1954, ch. 772, Sec. 1,
68 Stat. 747, which prescribed penalties for jumping bail, was
repealed by Pub. L. 89-465, Sec. 3(a), June 22, 1966, 80 Stat. 214,
and covered by former sections 3150 and 3151 of this title.
AMENDMENTS
1996 - Subsec. (b)(1)(A)(iv). Pub. L. 104-294 substituted "a fine
under this title" for "a fined under this title".
1994 - Subsec. (b)(1)(A)(iv). Pub. L. 103-322 substituted "fined
under this title" for "fine under this chapter".
1986 - Subsec. (a). Pub. L. 99-646, Sec. 55(f)(1), added subsec.
(a) and struck out former subsec. (a) which read as follows: "A
person commits an offense if, after having been released pursuant
to this chapter -
"(1) he knowingly fails to appear before a court as required by
the conditions of his release; or
"(2) he knowingly fails to surrender for service of sentence
pursuant to a court order."
Subsec. (b). Pub. L. 99-646, Sec. 55(f)(1), added subsec. (b) and
struck out former subsec. (b) which was captioned "Grading", and
which read as follows: "If the person was released -
"(1) in connection with a charge of, or while awaiting
sentence, surrender for service of sentence, or appeal or
certiorari after conviction, for -
"(A) an offense punishable by death, life imprisonment, or
imprisonment for a term of fifteen years or more, he shall be
fined not more than $25,000 or imprisoned for not more than ten
years, or both;
"(B) an offense punishable by imprisonment for a term of five
or more years, but less than fifteen years, he shall be fined
not more than $10,000 or imprisoned for not more than five
years, or both;
"(C) any other felony, he shall be fined not more than $5,000
or imprisoned for not more than two years, or both; or
"(D) a misdemeanor, he shall be fined not more than $2,000 or
imprisoned for not more than one year, or both; or
"(2) for appearance as a material witness, he shall be fined
not more than $1,000 or imprisoned for not more than one year, or
both.
A term of imprisonment imposed pursuant to this section shall be
consecutive to the sentence of imprisonment for any other offense."
Subsec. (c). Pub. L. 99-646, Sec. 55(f)(2), substituted
"requirement to appear" for "requirement that he appear" and "the
person appeared" for "he appeared".
Subsec. (d). Pub. L. 99-646, Sec. 55(f)(3), inserted "of this
title" after "3142(b)" and substituted "clause (xi) or (xii) of
section 3142(c)(1)(B) of this title" for "section 3142(c)(2)(K) or
(c)(2)(L)".
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-646 effective 30 days after Nov. 10,
1986, see section 55(j) of Pub. L. 99-646, set out as a note under
section 3141 of this title.
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