§ 3. — Accessory after the fact.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 1--GENERAL PROVISIONS
Sec. 3. Accessory after the fact
Whoever, knowing that an offense against the United States has been
committed, receives, relieves, comforts or assists the offender in order
to hinder or prevent his apprehension, trial or punishment, is an
accessory after the fact.
Except as otherwise expressly provided by any Act of Congress, an
accessory after the fact shall be imprisoned not more than one-half the
maximum term of imprisonment or (notwithstanding section 3571) fined not
more than one-half the maximum fine prescribed for the punishment of the
principal, or both; or if the principal is punishable by life
imprisonment or death, the accessory shall be imprisoned not more than
15 years.
(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 99-646, Sec. 43, Nov. 10,
1986, 100 Stat. 3601; Pub. L. 101-647, title XXXV, Sec. 3502, Nov. 29,
1990, 104 Stat. 4921; Pub. L. 103-322, title XXXIII, Secs. 330011(h),
330016(2)(A), Sept. 13, 1994, 108 Stat. 2145, 2148.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 551 (Mar. 4, 1909, ch.
321, Sec. 333, 35 Stat. 1152).
The first paragraph is new. It is based upon authority of Skelly v.
United States (C. C. A. Okl. 1935, 76 F. 2d 483, certiorari denied,
1935, 55 S. Ct. 914, 295 U.S. 757, 79 L. Ed. 1699), where the court
defined an accessory after the fact as--
one who knowing a felony to have been committed by another, receives,
relieves, comforts, or assists the felon in order to hinder the felon's
apprehension, trial, or punishment--
and cited Jones' Blackstone, books 3 and 4, page 2204; U.S. v. Hartwell
(Fed. Cas. No. 15,318); Albritton v. State (32 Fla. 358, 13 So. 955);
State v. Davis (14 R. I. 281); Schleeter v. Commonwealth (218 Ky. 72,
290 S. W. 1075). (See also State v. Potter, 1942, 221 N. C. 153, 19 S.
E. 2d 257; Hunter v. State, 1935, 128 Tex. Cr. R. 191, 79 S. W. 2d 855;
State v. Wells, 1940, 195 La. 754, 197 So. 419.)
The second paragraph is from section 551 of title 18, U.S.C., 1940
ed. Here only slight changes were made in phraseology.
Amendments
1994--Pub. L. 103-322, Sec. 330016(2)(A), inserted
``(notwithstanding section 3571)'' before ``fined not more than one-
half'' in second par.
Pub. L. 103-322, Sec. 330011(h), amended directory language of Pub.
L. 101-647, Sec. 3502. See 1990 Amendment note below.
1990--Pub. L. 101-647, as amended by Pub. L. 103-322,
Sec. 330011(h), substituted ``15 years'' for ``ten years'' in second
par.
1986--Pub. L. 99-646 inserted ``life imprisonment or'' in second
par.
Effective Date of 1994 Amendment
Section 330011(h) of Pub. L. 103-322 provided that the amendment
made by that section is effective as of Nov. 29, 1990.
Section Referred to in Other Sections
This section is referred to in section 2332b of this title.
