18 USC Sec. 752 01/05/2009
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 35 - ESCAPE AND RESCUE
Sec. 752. Instigating or assisting escape
(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
(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.
(June 25, 1948, ch. 645, 62 Stat. 735; May 28, 1956, ch. 331, 70
Stat. 216; Pub. L. 88-251, Sec. 2, Dec. 30, 1963, 77 Stat. 834;
Pub. L. 89-176, Sec. 3, Sept. 10, 1965, 79 Stat. 675; Pub. L. 100-
690, title VII, Sec. 7055, Nov. 18, 1988, 102 Stat. 4402; Pub. L.
103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat.
2147; Pub. L. 107-273, div. B, title IV, Sec. 4002(d)(1)(D), Nov.
2, 2002, 116 Stat. 1809.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 246, 247, 252, 661,
662c, 753i, 910 (R.S. Sec. 5277; Mar. 4, 1909, ch. 321, Secs. 141,
143, 35 Stat. 1114; May 14, 1930, ch. 274, Sec. 10, 46 Stat. 327;
May 27, 1930, ch. 339, Sec. 10, 46 Stat. 390; Mar. 22, 1934, ch.
73, Sec. 2, 48 Stat. 455; May 18, 1934, ch. 303, Sec. 1, 48 Stat.
Section consolidated escape and rescue provisions of sections
246, 247, 252, 661, 662c, 753i, and 910 of title 18, U.S.C., 1940
ed. Remaining provisions of those sections are in sections 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.
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
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