§3183 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

When a State or similar U.S. authority asks for an American who fled to a place where the United States has legal authority, and sends a certified copy of an indictment or a magistrate’s affidavit charging treason, a felony, or another crime, a U.S. judicial officer must arrest and hold that person and notify the requester or its agent. The officer must hand the person to the agent when the agent appears. If no agent shows up within three months of the arrest, the person may be released. The agent who takes custody may transport the person back to the asking jurisdiction.

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