§ 752. — Instigating or assisting escape.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC752]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 35--ESCAPE AND RESCUE
Sec. 752. Instigating or assisting escape
(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.
(June 25, 1948, ch. 645, 62 Stat. 735; May 28, 1956, ch. 331, 70 Stat.
216; Pub. L. 88-251, Sec. 2, Dec. 30, 1963, 77 Stat. 834; Pub. L. 89-
176, Sec. 3, Sept. 10, 1965, 79 Stat. 675; Pub. L. 100-690, title VII,
Sec. 7055, Nov. 18, 1988, 102 Stat. 4402; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 107-273, div.
B, title IV, Sec. 4002(d)(1)(D), Nov. 2, 2002, 116 Stat. 1809.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 246, 247, 252, 661, 662c,
753i, 910 (R.S. Sec. 5277; Mar. 4, 1909, ch. 321, Secs. 141, 143, 35
Stat. 1114; May 14, 1930, ch. 274, Sec. 10, 46 Stat. 327; May 27, 1930,
ch. 339, Sec. 10, 46 Stat. 390; Mar. 22, 1934, ch. 73, Sec. 2, 48 Stat.
455; May 18, 1934, ch. 303, Sec. 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.
Amendments
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 May 28, 1956, inserted ``, or attempt to escape,'' after
``escape''.
Section Referred to in Other Sections
This section is referred to in section 3050 of this title; title 8
section 1537.
