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1832

Harboring—18 USC 1071—Fourth Element -- Prevent Discovery or Arrest

The final element that must be established in a Section 1071 prosecution is that the defendant harbored or concealed the fugitive "so as to prevent his discovery and arrest." This element is satisfied principally by inference from the evidence offered to prove that the defendant harbored or concealed the fugitive. For example, the Fourth Circuit in United States v. Silva, 745 F.2d 840, 849 (1982), cert. denied, 470 U.S. 1031 (1985) concluded that renting a room for the fugitive and supplying him with guns and disguises was "clearly the type of assistance which would aid a fugitive" in avoiding detection and apprehension. In addition, Section 1071 does not require a showing of intent by the defendant to prevent, for all time, the discovery and arrest of the fugitive. United States v. Bissonette, 586 F.2d 73, 78 (8th Cir. 1978).