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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 35 — Escape and Rescue

§ 752. Instigating or assisting escape

Statutory text

(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.

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.

  1. Pub. L. 80–645 · 62 Stat. 683

    Enacted · 18 U.S.C. § 752

    June 25, 1948, ch. 645, 62 Stat. 735

    Source evidence

    Code source credit
    June 25, 1948, ch. 645, 62 Stat. 735

  2. Pub. L. 88–251 § 2 · 77 Stat. 834

    1. Amended · 18 U.S.C. § 752

      Pub. L. 88–251 designated existing provisions as subsec. (a)

    2. Added · 18 U.S.C. § 752

      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).

    Enacted provision · exact public law section
    Sec. 2. Section 752 of such title is amended by inserting the subsection symbol “(a)” at the beginning thereof, and by adding, immediately following subsection (a) of such section as hereby so designated, a new subsection to read as follows: “(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 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 not more than $1,000 or imprisoned not more than one year, or both.”

  3. Pub. L. 89–176 § 3 · 79 Stat. 674

    Inserted · 18 U.S.C. § 752

    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”.

  4. Minor and Technical Criminal Law Amendments Act of 1988

    Pub. L. 100–690 title VII § 7055 · 102 Stat. 4181

    Inserted · 18 U.S.C. § 752(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”.

  5. 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. § 752(a); 18 U.S.C. § 752(b)

    Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”.

    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”;

  6. Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 div. B title IV § 4002(d)(1)(D) · 116 Stat. 1758

    Substituted · 18 U.S.C. § 752(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (D) In section 372 and 752.— Sections 372 and 752(a) of title 18, United States Code, are each amended by striking “not more than $5,000” and inserting “under this title”.

6 of 7 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 246, 247, 252, 661, 662c, 753i, 910 (R.S. § 5277; Mar. 4, 1909, ch. 321, §§ 141, 143, 35 Stat. 1114; May 14, 1930, ch. 274, § 10, 46 Stat. 327; May 27, 1930, ch. 339, § 10, 46 Stat. 390; Mar. 22, 1934, ch. 73, § 2, 48 Stat. 455; May 18, 1934, ch. 303, § 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.

Editorial Notes

Amendments1956–2002 · 6 rounds

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 , inserted “, or attempt to escape,” after “escape”.

Credits

1948–2002 · 7 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 735
  2. 1956May 28, 1956, ch. 331, 70 Stat. 216
  3. 1963Pub. L. 88–251, § 2, , 77 Stat. 834
  4. 1965Pub. L. 89–176, § 3, , 79 Stat. 675
  5. 1988Pub. L. 100–690, title VII, § 7055, , 102 Stat. 4402
  6. 1994Pub. L. 103–322, title XXXIII, § 330016(1)(H), , 108 Stat. 2147
  7. 2002Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(D), , 116 Stat. 1809.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 735; May 28, 1956, ch. 331, 70 Stat. 216; Pub. L. 88–251, § 2, , 77 Stat. 834; Pub. L. 89–176, § 3, , 79 Stat. 675; Pub. L. 100–690, title VII, § 7055, , 102 Stat. 4402; Pub. L. 103–322, title XXXIII, § 330016(1)(H), , 108 Stat. 2147; Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(D), , 116 Stat. 1809.)

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USLM identifier /us/usc/t18/s752