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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