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1837

Harboring—18 USC 1072—First Element -- "Willful"

This element of a Section 1072 violation has been read to require that the defendant have knowledge that the person whom he aided was an escapee. See, e.g., United States v. Eaglin, 571 F.2d 1069, 1074 (9th Cir. 1977); United States v. Deaton, 468 F.2d 541, 543 (5th Cir. 1972), cert. denied, 410 U.S. 934 (1973). However, it is not necessary to prove that the defendant knew that the escapee had escaped from federal custody. See United States v. Feola, 420 U.S. 671, 684-85 (1975); United States v. Eaglin, 571 F.2d at 1074 n. 4; United States v. Lentz, 524 F.2d 69, 71 (5th Cir. 1975).