§ 755. — Officer permitting 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: 18USC755]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 35--ESCAPE AND RESCUE
Sec. 755. Officer permitting escape
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.
(June 25, 1948, ch. 645, 62 Stat. 735; Pub. L. 90-578, title IV,
Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650, title
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(G), (I), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
104-132, title VII, Sec. 705(a)(2), Apr. 24, 1996, 110 Stat. 1295.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 244, 662e, 665 (Feb. 6,
1905, ch. 454, Sec. 2, 33 Stat. 698; Mar. 4, 1909, ch. 321, Secs. 138,
139, 35 Stat. 1113; Mar. 22, 1934, ch. 73, Sec. 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.
Amendments
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''.
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 (Sec. 631 et seq.) of Title 28.
