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 The information here may be outdated and links may no longer function.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.

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).

Updated December 7, 2018