This is archived content from the U.S. Department of Justice website. The information here may be outdated and links may no longer function. Please contact if you have any questions about the archive site.

1824. Elements Of Offense (28 U.S.C. 1826(c)) -- Custody

A person is still in the custody of a facility or place to which he/she is confined even if only receiving treatment on an outpatient basis. See S.Rep. No. 98-225, supra at 331. In addition, as with the scienter elements, Congress intends that the cases under 18 U.S.C. § 751 which hold that custody may be minimal, or even merely constructive, apply also to 28 U.S.C. § 1826(c). See this Manual at 1808.

[cited in USAM 9-69.600]

Updated December 7, 2018