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of Convictions for
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84 Prosecutions
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4 Convictions
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66 Convictions
in Fiscal Year 2014

CITE

    18 USC Sec. 3146                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART II - CRIMINAL PROCEDURE
    CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

HEAD

    Sec. 3146. Penalty for failure to appear

STATUTE

      (a) Offense. - Whoever, having been released under this chapter
    knowingly -
        (1) fails to appear before a court as required by the
      conditions of release; or
        (2) fails to surrender for service of sentence pursuant to a
      court order;
    shall be punished as provided in subsection (b) of this section.
      (b) Punishment. - (1) The punishment for an offense under this
    section is -
        (A) if the person was released in connection with a charge of,
      or while awaiting sentence, surrender for service of sentence, or
      appeal or certiorari after conviction for -
          (i) an offense punishable by death, life imprisonment, or
        imprisonment for a term of 15 years or more, a fine under this
        title or imprisonment for not more than ten years, or both;
          (ii) an offense punishable by imprisonment for a term of five
        years or more, a fine under this title or imprisonment for not
        more than five years, or both;
          (iii) any other felony, a fine under this title or
        imprisonment for not more than two years, or both; or
          (iv) a misdemeanor, a fine under this title or imprisonment
        for not more than one year, or both; and
        (B) if the person was released for appearance as a material
      witness, a fine under this chapter or imprisonment for not more
      than one year, or both.
      (2) A term of imprisonment imposed under this section shall be
    consecutive to the sentence of imprisonment for any other offense.
      (c) Affirmative Defense. - It is an affirmative defense to a
    prosecution under this section that uncontrollable circumstances
    prevented the person from appearing or surrendering, and that the
    person did not contribute to the creation of such circumstances in
    reckless disregard of the requirement to appear or surrender, and
    that the person appeared or surrendered as soon as such
    circumstances ceased to exist.
      (d) Declaration of Forfeiture. - If a person fails to appear
    before a court as required, and the person executed an appearance
    bond pursuant to section 3142(b) of this title or is subject to the
    release condition set forth in clause (xi) or (xii) of section
    3142(c)(1)(B) of this title, the judicial officer may, regardless
    of whether the person has been charged with an offense under this
    section, declare any property designated pursuant to that section
    to be forfeited to the United States.

SOURCE

    (Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98
    Stat. 1982; amended Pub. L. 99-646, Sec. 55(f), Nov. 10, 1986, 100
    Stat. 3609; Pub. L. 103-322, title XXXIII, Sec. 330016(2)(K), Sept.
    13, 1994, 108 Stat. 2148; Pub. L. 104-294, title VI, Sec.
    601(a)(4), Oct. 11, 1996, 110 Stat. 3498.)

PRIOR PROVISIONS

      A prior section 3146, added Pub. L. 89-465, Sec. 3(a), June 22,
    1966, 80 Stat. 214; amended Pub. L. 97-291, Sec. 8, Oct. 12, 1982,
    96 Stat. 1257, related to release in noncapital cases prior to
    trial, prior to repeal in the revision of this chapter by section
    203(a) of Pub. L. 98-473.
      Another prior section 3146, act Aug. 20, 1954, ch. 772, Sec. 1,
    68 Stat. 747, which prescribed penalties for jumping bail, was
    repealed by Pub. L. 89-465, Sec. 3(a), June 22, 1966, 80 Stat. 214,
    and covered by former sections 3150 and 3151 of this title.
                                AMENDMENTS
      1996 - Subsec. (b)(1)(A)(iv). Pub. L. 104-294 substituted "a fine
    under this title" for "a fined under this title".
      1994 - Subsec. (b)(1)(A)(iv). Pub. L. 103-322 substituted "fined
    under this title" for "fine under this chapter".
      1986 - Subsec. (a). Pub. L. 99-646, Sec. 55(f)(1), added subsec.
    (a) and struck out former subsec. (a) which read as follows: "A
    person commits an offense if, after having been released pursuant
    to this chapter -
        "(1) he knowingly fails to appear before a court as required by
      the conditions of his release; or
        "(2) he knowingly fails to surrender for service of sentence
      pursuant to a court order."
      Subsec. (b). Pub. L. 99-646, Sec. 55(f)(1), added subsec. (b) and
    struck out former subsec. (b) which was captioned "Grading", and
    which read as follows: "If the person was released -
        "(1) in connection with a charge of, or while awaiting
      sentence, surrender for service of sentence, or appeal or
      certiorari after conviction, for -
          "(A) an offense punishable by death, life imprisonment, or
        imprisonment for a term of fifteen years or more, he shall be
        fined not more than $25,000 or imprisoned for not more than ten
        years, or both;
          "(B) an offense punishable by imprisonment for a term of five
        or more years, but less than fifteen years, he shall be fined
        not more than $10,000 or imprisoned for not more than five
        years, or both;
          "(C) any other felony, he shall be fined not more than $5,000
        or imprisoned for not more than two years, or both; or
          "(D) a misdemeanor, he shall be fined not more than $2,000 or
        imprisoned for not more than one year, or both; or
        "(2) for appearance as a material witness, he shall be fined
      not more than $1,000 or imprisoned for not more than one year, or
      both.
    A term of imprisonment imposed pursuant to this section shall be
    consecutive to the sentence of imprisonment for any other offense."
      Subsec. (c). Pub. L. 99-646, Sec. 55(f)(2), substituted
    "requirement to appear" for "requirement that he appear" and "the
    person appeared" for "he appeared".
      Subsec. (d). Pub. L. 99-646, Sec. 55(f)(3), inserted "of this
    title" after "3142(b)" and substituted "clause (xi) or (xii) of
    section 3142(c)(1)(B) of this title" for "section 3142(c)(2)(K) or
    (c)(2)(L)".
                     EFFECTIVE DATE OF 1986 AMENDMENT
      Amendment by Pub. L. 99-646 effective 30 days after Nov. 10,
    1986, see section 55(j) of Pub. L. 99-646, set out as a note under
    section 3141 of this title.
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