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1801

Introduction—Escape From Custody Resulting from Conviction (18 U.S.C. §§ 751 and 752)

This chapter deals with the criminal sanctions for escape or attempted escape from lawful custody or confinement following conviction, or from custody or confinement prior to conviction. Criminal sanctions are further delineated for aiding or assisting the escape or attempt to escape. The applicable sections are contained in Chapter 35 of Title 18, U.S. Code. Specifically those statutes are as follows:

  1. 18 U.S.C. § 751(a) sets forth a penalty of up to 5 years imprisonment and/or a fine under Title 18 for escape or an attempt to escape on a felony or conviction on any offense, and one year confinement and/or a fine under Title 18 for escape on an extradition, exclusion or expulsion proceedings under the immigration laws, or on a misdemeanor prior to conviction;

  2. 18 U.S.C. § 751(b) provides for a penalty of one year imprisonment and/or a fine under Title 18 for escape if the offense for which the person was arrested or confined was committed prior to his/her 18th birthday and said person had been confined was committed or is being or may be proceeded against as a juvenile delinquent under the Federal Juvenile Delinquency Act, 18 U.S.C. §§ 5031-5037;

  3. 18 U.S.C. § 752(a), together with 18 U.S.C. § 3571, set forth a penalty of up to five years imprisonment and/or a fine under Title 18, for a person who instigates, aids or assists the escape or attempt to escape; and

  4. 18 U.S.C. § 752(b) prescribes the same penalty as under 18 U.S.C. §  751(b) for a person who instigates, aids or assists the escape or attempt to escape of any person who had been committed or may be proceeded against as a juvenile delinquent under the Federal Juvenile Delinquency Act.

[cited in USAM 9-69.500]