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1828. 18 U.S.C. 1071--Elements Of Offense

Under 18 U.S.C. § 1071, the government must establish the following four essential elements: (1) a federal warrant has been issued for the fugitive's arrest; (2) the defendant had knowledge that a warrant had been issued for the fugitive's arrest; (3) the defendant actually harbored or concealed the fugitive; and (4) the defendant intended to prevent the fugitive's discovery or arrest. United States v. Silva, 745 F.2d 840, 848 (4th Cir. 1984), cert. denied, 470 U.S. 1031 (1985). Accord, United States v. Udey, 748 F.2d 1231, 1235-36 (8th Cir. 1984), cert. denied, 472 U.S. 1017 (1985); United States v. Bissonette, 586 F.2d 73, 77 (8th Cir. 1978).

Updated May 22, 2015