18 U.S.C. § 3183: Fugitives from State…

Summary

Federal officers must arrest and hold a U.S. citizen or national wanted as a fugitive by a state or similar U.S. jurisdiction when the person fled to a place where U.S. law applies and the state provides a certified indictment or sworn charge for treason, a felony, or another offense. The officer must notify the state or its agent and hand the person over when the agent appears; if no agent comes within three months, the prisoner may be released. The agent may transport the person back.

Title 18, §3183

Crimes and Criminal Procedure, Source: USLM XML via OLRC

Whenever the executive authority of any State, Territory, District, or possession of the United States demands any American citizen or national as a fugitive from justice who has fled to a country in which the United States exercises extraterritorial jurisdiction, and produces a copy of an indictment found or an affidavit made before a magistrate of the demanding jurisdiction, charging the fugitive so demanded with having committed treason, felony, or other offense, certified as authentic by the Governor or chief magistrate of such demanding jurisdiction, or other person authorized to act, the officer or representative of the United States vested with judicial authority to whom the demand has been made shall cause such fugitive to be arrested and secured, and notify the executive authorities making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear. If no such agent shall appear within three months from the time of the arrest, the prisoner may be discharged. The agent who receives the fugitive into his custody shall be empowered to transport him to the jurisdiction from which he has fled.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 662c (Mar. 22, 1934, ch. 73, § 2, 48 Stat. 455). Said section 662c was incorporated in this section and section 752 and 3195 of this title. Provision as to costs or expenses to be paid by the demanding authority were incorporated in section 3196 of this title. Reference to the Philippine Islands was deleted as obsolete in view of the independence of the Commonwealth of the Philippines effective July 4, 1946. The attention of Congress is directed to the probability that this section may be of little, if any, possible use in view of present world conditions. Minor changes were made in phraseology.

Editorial Notes

Amendments

2002—Pub. L. 107–273 struck out “or the Panama Canal Zone,” after “possession of the United States” in first par.

§3183 Fugitives From State, Territory, or Possession Into Extraterritorial Jurisdiction of United States