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

Summary

It is a crime to free, try to free, help, or encourage someone to escape from federal custody or from a place where the Attorney General has ordered them held. That covers people arrested on a federal warrant, held for extradition, held for immigration removal or exclusion, or confined in a federal facility. If the person was arrested for a felony or already convicted, the penalty can be a fine under federal law, up to five years in prison, or both. If the person is being held for extradition, immigration proceedings, or for a misdemeanor before conviction, the penalty can be a fine, up to one year in prison, or both. If the person being helped is in the custody of the Attorney General and the offense was a federal crime not punishable by death or life in prison, and the crime was committed before the person turned 18 and the Attorney General has not ordered criminal charges, or if the person was committed as a juvenile delinquent under section 5034, then the penalty is a fine, up to one year in prison, or both.

Title 18, §752

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever rescues or attempts to rescue or instigates, aids or assists the escape, or attempt to escape, of any person arrested upon a warrant or other process issued under any law of the United States, or committed to the custody of the Attorney General or to any institution or facility by his direction, shall, if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be fined under this title or imprisoned not more than five years, or both; or, if the custody or confinement is for extradition, or for exclusion or expulsion proceedings under the immigration laws, or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, be fined under this title or imprisoned not more than one year, or both.

(b)Whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempted escape of any person in the custody of the Attorney General or his authorized representative, or of any person arrested upon a warrant or other process issued under any law of the United States or from any institution or facility in which he is confined by direction of the Attorney General, shall, if the custody or confinement is by virtue of a lawful arrest for a violation of any law of the United States not punishable by death or life imprisonment and committed before such person’s eighteenth birthday, and as to whom the Attorney General has not specifically directed the institution of criminal proceedings, or by virtue of a commitment as a juvenile delinquent under section 5034 of this title, be fined under this title or imprisoned not more than one year, or both.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 246, 247, 252, 661, 662c, 753i, 910 (R.S. § 5277; Mar. 4, 1909, ch. 321, §§ 141, 143, 35 Stat. 1114;

May 14, 1930, ch. 274, § 10, 46 Stat. 327;

May 27, 1930, ch. 339, § 10, 46 Stat. 390; Mar. 22, 1934, ch. 73, § 2, 48 Stat. 455;

May 18, 1934, ch. 303, § 1, 48 Stat. 782). Section consolidated escape and rescue provisions of section 246, 247, 252, 661, 662c, 753i, and 910 of title 18, U.S.C., 1940 ed. Remaining provisions of those sections are in section 1071, 1072, 1502, 1792, 3183, and 3195 of this title. No two sections provided the same punishment. Every section except said section 252 made the offense a misdemeanor by providing for fines varying from $500 to $1,000 and terms of imprisonment varying from 6 months to 1 year. Said section 252, representing the latest expression by Congress, provided for 10 years’ imprisonment. The punishment provision was adopted from section 751 of this title, which makes it unlawful for a prisoner to escape from his place of confinement. Thus the same punishment would apply to the person aiding in an escape as to the person escaping. The language of this section reconciles the conflict by adopting a penalty which is a compromise between the varying provisions. Reference to “extradition” was inserted to avoid ambiguity and to harmonize section with section 751 of this title. References to “force” were omitted as well as those to “officer” or “custody.” See definition of “Rescue,” Black’s Law Dictionary, citing 4 Bl. Comm. 131. Changes were made in phraseology.

Editorial Notes

Amendments

2002—Subsec. (a). Pub. L. 107–273 substituted “or conviction of any offense, be fined under this title” for “or conviction of any offense, be fined not more than $5,000”. 1994—Subsecs. (a), (b). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”. 1988—Subsec. (a). Pub. L. 100–690 inserted “, or for exclusion or expulsion proceedings under the immigration laws,” after “extradition”. 1965—Pub. L. 89–176 inserted “or facility” after “institution”. 1963—Pub. L. 88–251 designated existing provisions as subsec. (a) and added subsec. (b). 1956—Act May 28, 1956, inserted “, or attempt to escape,” after “escape”.

§752 Instigating or Assisting Escape