Title 18 — Crimes and Criminal Procedure
Part I · Chapter 35 — Escape and Rescue
§ 751. Prisoners in custody of institution or officer
Statutory text
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 751
June 25, 1948, ch. 645, 62 Stat. 734
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 734Pub. L. 88–251 § 1 · 77 Stat. 834
Amended · 18 U.S.C. § 751
Pub. L. 88–251 designated existing provisions as subsec. (a)
Added · 18 U.S.C. § 751
Pub. L. 88–251 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 88–251 designated existing provisions as subsec. (a) and added subsec. (b).Pub. L. 89–176 § 3 · 79 Stat. 674
Inserted · 18 U.S.C. § 751
Pub. L. 89–176 inserted “or facility” after “institution”
Source evidence
Code amendment note
Pub. L. 89–176 inserted “or facility” after “institution”.Enacted provision · exact public law section
Sec. 3. Sections 751 and 752 of title 18, United States Code, are 62 Stat. 734; 77 Stat. 834. amended by inserting the words “or facility” following the word “institution”.Minor and Technical Criminal Law Amendments Act of 1988
Pub. L. 100–690 title VII § 7055 · 102 Stat. 4181
Inserted · 18 U.S.C. § 751(a)
Pub. L. 100–690 inserted “, or for exclusion or expulsion proceedings under the immigration laws,” after “extradition”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–690 inserted “, or for exclusion or expulsion proceedings under the immigration laws,” after “extradition”.Enacted provision · exact public law section
SEC. 7055. PROVISION OF MISDEMEANOR PENALTY FOR CERTAIN ESCAPES. Sections 751(a) and 752(a) of title 18, United States Code, are amended by inserting “, or for exclusion or expulsion proceedings under the immigration laws,” after “extradition”.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330016(1)(H) · 108 Stat. 1796
Substituted · 18 U.S.C. § 751
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)
Substituted · 18 U.S.C. § 751
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” in subsec. (b)
Source evidence
Code amendment note
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).Enacted provision · exact public law section
(H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292, 439, 442, 480, 483, 484, 490, 491, 494, 495, 503, 507, 510, 594, 595, 596, 597, 598, 599, 604, 605, 641, 643, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 712, 751, 752, 756, 795, 796, 797, 836, 844, 871, 875, 876, 877, 879, 911, 912, 913, 924, 957, 959, 961, 1003, 1012, 1021, 1025, 1026, 1071, 1112, 1163, 1262, 1263, 1264, 1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361, 1363, 1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711, 1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277, 2278, 2382, and 2389 by striking “not more than $1,000” each place it appears and inserting “under this title”;
4 of 7 references resolved to an enrolled provision · 3 partial
Notes
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§ 753h, 909 (May 14, 1930, ch. 274, § 9, 46 Stat. 327; May 27, 1930, ch. 339, § 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.
Editorial Notes
Amendments1963–1994 · 4 rounds
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).
Statutory Notes and Related Subsidiaries
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 (§ 631 et seq.) of Title 28.
Credits
1948–1994 · 7 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 734
- 1963Pub. L. 88–251, § 1, , 77 Stat. 834
- 1965Pub. L. 89–176, § 3, , 79 Stat. 675
- 1968Pub. L. 90–578, title IV, § 402(b)(2), , 82 Stat. 1118
- 1988Pub. L. 100–690, title VII, § 7055, , 102 Stat. 4402
- 1990Pub. L. 101–650, title III, § 321, , 104 Stat. 5117
- 1994Pub. L. 103–322, title XXXIII, § 330016(1)(H), (K), , 108 Stat. 2147.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 734; Pub. L. 88–251, § 1, , 77 Stat. 834; Pub. L. 89–176, § 3, , 79 Stat. 675; Pub. L. 90–578, title IV, § 402(b)(2), , 82 Stat. 1118; Pub. L. 100–690, title VII, § 7055, , 102 Stat. 4402; Pub. L. 101–650, title III, § 321, , 104 Stat. 5117; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (K), , 108 Stat. 2147.)