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1827

Harboring—Applicable Statutes

This chapter covers the two statutes in Title 18 which criminalize the harboring of fugitives from justice. These statutes are 18 U.S.C. §  1071 (concealing a person from arrest) and 18 U.S.C. § 1072 (concealing an escaped prisoner). Other related statutes which are not discussed in this chapter include 18 U.S.C. §§ 751 - 757 (the escape and rescue provisions), and 18 U.S.C. §§ 1073 - 1074 (flight to avoid prosecution or giving testimony provisions).

Section 1071 makes it an offense to harbor or conceal any person for whose arrest a warrant or process has been issued, so as to prevent the fugitive's discovery and arrest, after having notice or knowledge that a warrant or process has been issued for the fugitive's apprehension. An offender is subject to imprisonment for not more than one year, unless the warrant or process was issued on a felony charge, or after conviction of the fugitive of any offense, in which case the offender faces a maximum term of imprisonment of five years. In addition, the fine provisions of 18 U.S.C. § 3623 are applicable for harboring offenses committed before November 1, 1987, and the fine provisions of 18 U.S.C. § 3571 are applicable for offenses committed on or after November 1, 1987.

Section 1072 makes it an offense to willfully harbor or conceal a prisoner after his escape from the custody of the Attorney General or from a Federal penal or correctional institution. An offender is subject to a maximum term of imprisonment of three years, and a fine under Title 18.