Title 18, Crimes and Criminal ProcedureRelease 119-102
§4083 Penitentiary Imprisonment; Consent
Title 18 › PART III — PRISONS AND PRISONERS › CHAPTER 305 — COMMITMENT AND TRANSFER › § 4083
Summary
Federal or court-martial convictions punishable by more than one year may be held in U.S. penitentiaries. Sentences of one year or less cannot be served in a penitentiary without the defendant’s consent.
Full Legal Text
Title 18, §4083
Crimes and Criminal Procedure, Source: USLM XML via OLRC
Persons convicted of offenses against the United States or by courts-martial punishable by imprisonment for more than one year may be confined in any United States penitentiary. A sentence for an offense punishable by imprisonment for one year or less shall not be served in a penitentiary without the consent of the defendant.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§ 753f, 762 (Mar. 2, 1895, ch. 189, § 1, 28 Stat. 957;
June 10, 1896, ch. 400, § 1, 29 Stat. 380;
May 14, 1930, ch. 274, § 7, 46 Stat. 326;
June 14, 1941, ch. 204, 55 Stat. 252; Oct. 21, 1941, ch. 453, 55 Stat. 743). Said section 762 was condensed and simplified and extended to all penitentiaries instead of to Leavenworth only, since the section is merely declaratory of existing law. (See section 1 of this title classifying offenses and notes thereunder.) The second paragraph is derived from said section 753f of title 18, U.S.C., 1940 ed. Minor changes of phraseology were made.
Editorial Notes
Amendments
1959—Pub. L. 86–256 substituted “punishable by imprisonment for” for “and sentenced to terms of imprisonment of” in first sentence.
Reference
Citations & Metadata
Citation
18 U.S.C. § 4083
Title 18, Crimes and Criminal Procedure
Last Updated
Aug 21, 2026
Release point: 119-102