Title 18Crimes and Criminal ProcedureRelease 119-73

§755 Officer permitting escape

Title 18 › Part PART I— - CRIMES › Chapter CHAPTER 35— - ESCAPE AND RESCUE › § 755

Last updated Apr 6, 2026|Official source

Summary

Letting a federal prisoner escape on purpose brings a fine, up to 5 years, or both; if by carelessness, up to 1 year.

Full Legal Text

Title 18, §755

Crimes and Criminal Procedure — Source: USLM XML via OLRC

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

Notes & Related Subsidiaries

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). section 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 AmendmentThe 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

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”.

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.

Reference

Citations & Metadata

Citation

18 U.S.C. § 755

Title 18Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73