HarboringAfter Conviction Of Any Offense
As discussed above, 18 U.S.C. § 1071 creates a five year felony for
harboring a person sought on a felony warrant, or "after conviction of such
person of any offense." The felony provision was added to Section 1071 in
See S.Rep. No. 2141, 83rd Cong., 2d Sess., reprinted in
1954 U.S.Code Cong. & Ad.News 3072; H.R.Rep. No. 1928, 83rd Cong., 2d Sess.
(1954). An issue that has been raised in connection with the 1954 amendment
section 1071 is whether the harboring of a convicted misdemeanant for whose
arrest a warrant has been issued constitutes a felony under Section 1071.
only reported decision to consider the issue held that because the statutory
"offense" includes both felonies and misdemeanors, 18 U.S.C. § 1, the
harboring of a convicted misdemeanant constitutes a felony under 18 U.S.C.
1071. See United States v. Faul, 748 F.2d 1204, 1223 (8th
1984), cert. denied, 472 U.S. 1027 (1985).|
However, the court in Faul emphasized that its ruling is
to the situation where the offense for which the fugitive is sought is
related to the crime - misdemeanor or felony - for which the fugitive was
convicted, as is the case here." Id. at 1223 n. 12.