Title 18 — Crimes and Criminal Procedure
Part I · Chapter 35 — Escape and Rescue
§ 755. Officer permitting escape
Statutory text
Whoever, having in his custody any prisoner by virtue of process issued under the laws of the United States by any court, judge, or magistrate judge, voluntarily suffers such prisoner to escape, shall be fined under this title or imprisoned not more than 5 years, or both; or if he negligently suffers such person to escape, he shall 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.
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 755
June 25, 1948, ch. 645, 62 Stat. 735
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 735Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330016(1)(G) · 108 Stat. 1796
Substituted · 18 U.S.C. § 755
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $2,000” after “escape, shall be” and for “fined not more than $500” after “he shall be”
Source evidence
Code amendment note
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $2,000” after “escape, shall be” and for “fined not more than $500” after “he shall be”.Enacted provision · exact public law section
(G) in sections 4, 41, 42, 46, 47, 112, 154, 244, 288, 290, 336, 475, 501, 502, 755, 872, 875, 876, 877, 917, 1013, 1018, 1024, 1154, 1155, 1156, 1382, 1541, 1700, 1703, 1704, 1707, 1712, 1713, 1720, 1721, 1722, 1729, 1731, 1734, 1752, 1793, 1856, 1857, 1863, 1912, 1913, 1922, 2074, 2195, and 2511 by striking “not more than $500” each place it appears and inserting “under this title”;Pub. L. 104–132 title VII § 705(a)(2) · 110 Stat. 1214
Substituted · 18 U.S.C. § 755
Pub. L. 104–132 substituted “5 years” for “two years”
Source evidence
Code amendment note
Pub. L. 104–132 substituted “5 years” for “two years”.Enacted provision · exact public law section
(2) in section 755, by striking “two years” and inserting “5 years”;
2 of 3 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§ 244, 662e, 665 (Feb. 6, 1905, ch. 454, § 2, 33 Stat. 698; Mar. 4, 1909, ch. 321, §§ 138, 139, 35 Stat. 1113; Mar. 22, 1934, ch. 73, § 4, 48 Stat. 456).
Sections 244, 662e and 665 of title 18, U.S.C., 1940 ed., were consolidated. The two latter sections merely extended application of the former. This section has been greatly condensed by changes in phraseology which do not affect the substance.
Enumeration of “marshal, deputy marshal, ministerial officer, or other person,” was omitted as surplusage.
Provision making section applicable to cases of prisoners in custody pending extradition or removal proceedings as well as prisoners convicted of offenses against the United States was likewise omitted as unnecessary.
Changes in phraseology were made.
Senate Revision Amendment
The text of this section was changed by Senate amendment in view of the act of June 21, 1947, ch. 111, 61 Stat. 134, which, by amending section 244 of Title 18, U.S.C., became an additional source of this section. The amendment constitutes the last clause of this section. See Senate Report No. 1620, amendment No. 8, 80th Cong.
Editorial Notes
Amendments1994–1996 · 2 rounds
1996
Pub. L. 104–132 substituted “5 years” for “two years”.
1994
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $2,000” after “escape, shall be” and for “fined not more than $500” after “he shall be”.
Statutory Notes and Related Subsidiaries
Change of Name
Words “magistrate judge” substituted for “magistrate” in text 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
1948–1996 · 5 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 735
- 1968Pub. L. 90–578, title IV, § 402(b)(2), , 82 Stat. 1118
- 1990Pub. L. 101–650, title III, § 321, , 104 Stat. 5117
- 1994Pub. L. 103–322, title XXXIII, § 330016(1)(G), (I), , 108 Stat. 2147
- 1996Pub. L. 104–132, title VII, § 705(a)(2), , 110 Stat. 1295.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 735; Pub. L. 90–578, title IV, § 402(b)(2), , 82 Stat. 1118; Pub. L. 101–650, title III, § 321, , 104 Stat. 5117; Pub. L. 103–322, title XXXIII, § 330016(1)(G), (I), , 108 Stat. 2147; Pub. L. 104–132, title VII, § 705(a)(2), , 110 Stat. 1295.)