§ 751. — Prisoners in custody of institution or officer.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC751]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 35--ESCAPE AND RESCUE
Sec. 751. Prisoners in custody of institution or officer
(a) 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.
(b) 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.
(June 25, 1948, ch. 645, 62 Stat. 734; Pub. L. 88-251, Sec. 1, Dec. 30,
1963, 77 Stat. 834; Pub. L. 89-176, Sec. 3, Sept. 10, 1965, 79 Stat.
675; Pub. L. 90-578, title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat.
1118; Pub. L. 100-690, title VII, Sec. 7055, Nov. 18, 1988, 102 Stat.
4402; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.
5117; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), (K), Sept. 13,
1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 753h, 909 (May 14, 1930,
ch. 274, Sec. 9, 46 Stat. 327; May 27, 1930, ch. 339, Sec. 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.
Amendments
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).
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 (Sec. 631 et seq.) of Title
28.
Section Referred to in Other Sections
This section is referred to in sections 2516, 3050, 3592 of this
title; title 8 section 1537.
