§3146 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

If a person who was released while charged, waiting sentence, appealing, or released as a witness knowingly does not show up in court when their release rules require it, or does not surrender to serve a court-ordered sentence, they can be charged. How long they can be jailed depends on how serious the original charge was: if the original offense could bring death, life, or 15 years or more, the penalty can be a fine, up to 10 years in prison, or both; if the original offense could bring 5 years or more, up to 5 years or a fine, or both; for other felonies, up to 2 years or a fine; for misdemeanors or a material witness, up to 1 year or a fine, or both. Any jail time for this must be served after any other sentence. A person can avoid conviction if they show that uncontrollable events kept them away, they did not create those events by reckless behavior, and they came as soon as the events ended. If someone gave property as part of their release and then fails to appear, a judge may order that property forfeited to the United States even if the person is not separately charged under this rule.

Title 18, §3146

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever, having been released under this chapter knowingly—

(1)fails to appear before a court as required by the conditions of release; or

(2)fails to surrender for service of sentence pursuant to a court order;

(b)(1)The punishment for an offense under this section is—

(A)if the person was released in connection with a charge of, or while awaiting sentence, surrender for service of sentence, or appeal or certiorari after conviction for—

(i)an offense punishable by death, life imprisonment, or imprisonment for a term of 15 years or more, a fine under this title or imprisonment for not more than ten years, or both;

(ii)an offense punishable by imprisonment for a term of five years or more, a fine under this title or imprisonment for not more than five years, or both;

(iii)any other felony, a fine under this title or imprisonment for not more than two years, or both; or

(iv)a misdemeanor, a fine under this title or imprisonment for not more than one year, or both; and

(B)if the person was released for appearance as a material witness, a fine under this chapter or imprisonment for not more than one year, or both.

(2)A term of imprisonment imposed under this section shall be consecutive to the sentence of imprisonment for any other offense.

(c)It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to appear or surrender, and that the person appeared or surrendered as soon as such circumstances ceased to exist.

(d)If a person fails to appear before a court as required, and the person executed an appearance bond pursuant to section 3142(b) of this title or is subject to the release condition set forth in clause (xi) or (xii) of section 3142(c)(1)(B) of this title, the judicial officer may, regardless of whether the person has been charged with an offense under this section, declare any property designated pursuant to that section to be forfeited to the United States.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 3146, added Pub. L. 89–465, § 3(a),

June 22, 1966, 80 Stat. 214; amended Pub. L. 97–291, § 8, Oct. 12, 1982, 96 Stat. 1257, related to release in noncapital cases prior to trial, prior to repeal in the revision of this chapter by section 203(a) of Pub. L. 98–473. Another prior section 3146, act Aug. 20, 1954, ch. 772, § 1, 68 Stat. 747, which prescribed penalties for jumping bail, was repealed by Pub. L. 89–465, § 3(a),

June 22, 1966, 80 Stat. 214, and covered by former section 3150 and 3151 of this title.

Amendments

1996—Subsec. (b)(1)(A)(iv). Pub. L. 104–294 substituted “a fine under this title” for “a fined under this title”. 1994—Subsec. (b)(1)(A)(iv). Pub. L. 103–322 substituted “fined under this title” for “fine under this chapter”. 1986—Subsec. (a). Pub. L. 99–646, § 55(f)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “A person commits an offense if, after having been released pursuant to this chapter— “(1) he knowingly fails to appear before a court as required by the conditions of his release; or “(2) he knowingly fails to surrender for service of sentence pursuant to a court order.” Subsec. (b). Pub. L. 99–646, § 55(f)(1), added subsec. (b) and struck out former subsec. (b) which was captioned “Grading”, and which read as follows: “If the person was released— “(1) in connection with a charge of, or while awaiting sentence, surrender for service of sentence, or appeal or certiorari after conviction, for— “(A) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more, he shall be fined not more than $25,000 or imprisoned for not more than ten years, or both; “(B) an offense punishable by imprisonment for a term of five or more years, but less than fifteen years, he shall be fined not more than $10,000 or imprisoned for not more than five years, or both; “(C) any other felony, he shall be fined not more than $5,000 or imprisoned for not more than two years, or both; or “(D) a misdemeanor, he shall be fined not more than $2,000 or imprisoned for not more than one year, or both; or “(2) for appearance as a material witness, he shall be fined not more than $1,000 or imprisoned for not more than one year, or both. A term of imprisonment imposed pursuant to this section shall be consecutive to the sentence of imprisonment for any other offense.” Subsec. (c). Pub. L. 99–646, § 55(f)(2), substituted “requirement to appear” for “requirement that he appear” and “the person appeared” for “he appeared”. Subsec. (d). Pub. L. 99–646, § 55(f)(3), inserted “of this title” after “3142(b)” and substituted “clause (xi) or (xii) of section 3142(c)(1)(B) of this title” for “section 3142(c)(2)(K) or (c)(2)(L)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 AmendmentAmendment by Pub. L. 99–646 effective 30 days after Nov. 10, 1986, see section 55(j) of Pub. L. 99–646, set out as a note under section 3141 of this title.

§3146 Penalty for Failure to Appear