Lapas attēli
PDF
ePub

Sections 753h and 909 of title 18, U.S.C., 1940 ed., were consolidated. Section 753h is later and more comprehensive. The substance of its provisions was adopted.

References to offenses as felonies or misdemeanors were omitted in view of definitive section 1 of this title. (See also reviser's notes under section 550 of this title.)

Mandatory provision as to separate sentences and order of service was omitted in order to permit court to exercise discretion as to whether sentences should be concurrent or consecutive and to obviate administration problems in enforcement of section.

Words “or employee" were inserted to remove ambiguity as to scope of section.

Reference to "custody or confinement is for extradi. tion" was inserted to avoid possible ambiguity.

Changes were made in phraseology and arrangement.

United States or from any institution or facility in which he is confined by direction of the Attorney General, shall, if the custody or confinement is by virtue of a lawful arrest for a violation of any law of the United States not punishable by death or life imprisonment and committed before such person's eighteenth birthday, and as to whom the Attorney General has not specifically directed the institution of criminal proceedings, or by virtue of a commitment as a juvenile delinquent under section 5034 of this title, be fined not more than $1,000 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 735; May 28, 1956, ch. 331, 70 Stat. 216; Dec. 30, 1963, Pub. L. 88-251, 82, 77 Stat. 834; Sept. 10, 1965, Pub. L. 89-176. § 3, 79 Stat. 675; Nov. 18, 1988, Pub. L. 100-690, title VII, $ 7055, 102 Stat. 4402.)

AMENDMENTS 1988–Subsec. (a). Pub. L. 100-690 inserted “, or for exclusion or expulsion proceedings under the immigration laws," after “extradition".

1965—Pub. L. 89-176 inserted “or facility" after "in. stitution".

1963–Pub. L. 88-251 designated existing provisions as subsec. (a) and added subsec. (b).

CHANGE OF NAME United States commissioners, referred to in text, were replaced by United States magistrates pursuant to Pub. L. 90-578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118. See chapter 43 (8 631 et seq.) of Title 28, Judiciary and Judicial Procedure.

CROSS REFERENCES Arrests by Bureau of Prisons employees, see section 3050 of this title.

Bureau of Prisons employees, power to arrest without warrant for violations of this section, see section 3050 of this title.

Civil commitment and rehabilitation of narcotic addicts, penalties for escape or rescue from custody, see section 2902 of Title 28, Judiciary and Judicial Procedure.

HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., 88 246, 247, 252, 661, 6620, 7531, 910 (R.S. 85277; Mar. 4, 1909, ch. 321, $$ 141, 143, 35 Stat. 1114; May 14, 1930, ch. 274, $ 10, 46 Stat. 327; May 27, 1930, ch. 339, § 10, 46 Stat. 390; Mar. 22, 1934, ch. 73, 82, 48 Stat. 455; May 18, 1934, ch. 303, § 1, 48 Stat. 782).

Section consolidated escape and rescue provisions of sections 246, 247, 252, 661, 6620, 753i, and 910 of title 18, U.S.C., 1940 ed. Remaining provisions of those sections are in sections 1071, 1072, 1502, 1792, 3183, and 3195 of this title.

No two sections provided the same punishment. Every section except said section 252 made the offense a misdemeanor by providing for fines varying from $500 to $1,000 and terms of imprisonment varying from 6 months to 1 year. Said section 252, representing the latest expression by Congress, provided for 10 years' imprisonment.

The punishment provision was adopted from section 751 of this title, which makes it unlawful for a prisoner to escape from his place of confinement. Thus the same punishment would apply to the person aiding in an escape as to the person escaping.

The language of this section reconciles the conflict by adopting a penalty which is a compromise between the varying provisions.

Reference to "extradition" was inserted to avoid ambiguity and to harmonize section with section 751 of this title.

References to "force" were omitted as well as those to "officer" or "custody." See definition of “Rescue," Black's Law Dictionary, citing 4 Bl. Comm. 131.

Changes were made in phraseology.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2516, 3050 of this title; title 28 section 2902; title 42 section 3425.

8 752. Instigating or assisting escape

(a) Whoever rescues or attempts to rescue or instigates. aids or assists the escape or attempt to escape, of any person arrested upon a warrant or other process issued under any law of the United States, or committed to the custody of the Attorney General or to any institution or facility by his direction, shall, if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be fined not more than $5,000 or imprisoned not more than five years, or both; or, if the custody or confinement is for extradition, or for exclusion or expulsion proceedings under the immigration laws, or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, be fined not more than $1,000 or imprisoned not more than one year, or both.

(b) Whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempted escape of any person in the custody of the Attorney General or his authorized representative, or of any person arrested upon a warrant or other process issued under any law of the

AMENDMENTS 1988–Subsec. (a). Pub. L. 100-690 inserted “, or for exclusion or expulsion proceedings under the immigration laws," after “extradition".

1965--Pub. L. 89-176 inserted “or facility" after "institution".

1963–Pub. L. 88-251 designated existing provisions as subsec. (a) and added subsec. (b).

1956-Act May 28, 1956, inserted “, or attempt to escape," after "escape".

CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title.

CROSS REFERENCES Arrests by Bureau of Prisons employees, see section 3050 of this title.

Civil commitment and rehabilitation of narcotic addicts, penalties for escape or rescue from custody, see

[blocks in formation]

8 756. Internee of belligerent nation

Whoever, within the jurisdiction of the United States, aids or entices any person belonging to the armed forces of a belligerent nation or faction who is interned in the United States in accordance with the law of nations, to escape or attempt to escape from the jurisdiction of the United States or from the limits of internment prescribed, shall be fined not more than $1,000 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 735.)

HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 37 (June 15, 1917, ch. 30, title V, § 7, 40 Stat. 223).

Section was divided. Remaining provisions relating to arrest appear in section 3058 of this title.

Minor changes in phraseology were made.

CANAL ZONE

8 754. Rescue of body of executed offender

Whoever, by force, rescues or attempts to rescue, from the custody of any marshal or his officers, the dead body of an executed offender, while it is being conveyed to a place of dissection, as provided by section 3567 of this title, or by force rescues or attempts to rescue such body from the place where it has been deposited for dissection in pursuance of said section 3567, shall be fined not more than $100 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 735.)

HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., $ 249 (Mar. 4, 1909, ch. 321, § 144, 35 Stat. 1114).

Minor changes were made in phraseology. 8 755. Officer permitting escape

Whoever, having in his custody any prisoner by virtue of process issued under the laws of the United States by any court, judge, or commissioner, voluntarily suffers such prisoner to escape, shall be fined not more than $2,000 or imprisoned not more than two years, or both; or if he negligently suffers such person to escape, he shall be fined not more than $500 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 735.)

HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., &$ 244, 662e, 665 (Feb. 6, 1905, ch. 454, § 2, 33 Stat. 698; Mar. 4, 1909, ch. 321, $$ 138, 139, 35 Ştat. 1113; Mar. 22, 1934, ch. 73, 84, 48 Stat. 456).

Sections 244, 662e and 665 of title 18, U.S.C., 1940 ed., were consolidated. The two latter sections merely extended application of the former. This section has been greatly condensed by changes in phraseology which do not affect the substance.

Enumeration of "marshal, deputy marshal, ministerial officer, or other person,” was omitted as surplusage.

Provision making section applicable to cases of prisoners in custody pending extradition or removal pro

Applicability of section to Canal Zone, see section 14 of this title.

CROSS REFERENCES

Jurisdiction of offenses, see section 3241 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title; title 22 section 465.

8 757. Prisoners of war or enemy aliens

Whoever procures the escape of any prisoner of war held by the United States or any of its allies, or the escape of any person apprehended or interned as an enemy alien by the United States or any of its allies, or advises, connives at, aids, or assists in such escape, or aids, relieves, transports, harbors, conceals, shelters, protects, holds correspondence with, gives intelligence to, or otherwise assists any such prisoner of war or enemy alien, after his escape from custody, knowing him to be such prisoner of war or enemy alien, or attempts to commit or

Similar harboring and concealing language was added to section 2388 of this title.

Mandatory punishment provision was rephrased in the alternative.

conspires to commit any of the above acts, shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

The provisions of this section shall be in addition to and not in substitution for any other provision of law. (June 25, 1948, ch. 645, 62 Stat. 735.)

HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., $ 97b (Apr. 30, 1945, ch. 103, 59 Stat. 101).

The second sentence of section 97b of title 18, U.S.C., 1940 ed., was made a separate paragraph.

INDICTMENT FOR VIOLATING THIS SECTION AND

SECTIONS 793, 794; LIMITATION PERIOD Act Sept. 23, 1950, ch. 1024, § 19, 64 Stat. 1005, provided that an indictment for any violation of this section and sections 793 and 794 of this title, other than a violation constituting a capital offense, may be found at any time within ten years next after such violation shall have been committed, but that such section 19 shall not authorize prosecution, trial, or punishment for any offense "now" barred by the provisions of existing law.

CHAPTER 37-ESPIONAGE AND CENSORSHIP

CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title.

Sec. (791. Repealed.) 792. Harboring or concealing persons. 793. Gathering, transmitting or losing defense in

formation. 794. Gathering or delivering defense information

to aid foreign government. 795. Photographing and sketching defense instal

lations. 796, Use of aircraft for photographing defense in

stallations. 797. Publication and sale of photographs of de

fense installations. 798.1 Disclosure of classified information. 798. Temporary extension of section 794. 799. Violation of regulations of National Aero

nautics and Space Administration.

AMENDMENTS 1961-Pub. L. 87-369, § 2, Oct. 4, 1961, 75 Stat. 795, struck out item 791 "Scope of chapter".

1958-Pub. L. 85-568, title III, $ 304(0)(2), July 29, 1958, 72 Stat. 434, added item 799.

1953-Act June 30, 1953, ch. 175, 83, 67 Stat. 133, added second item 798.

1951-Act Oct. 31, 1951, ch. 655, $ 23, 65 Stat. 719, added item 798.

CROSS REFERENCES Federal retirement benefits, forfeiture upon conviction of offenses described under this section, see section 8312 of Title 5, Government Organization and Employees.

Forfeiture of veterans' benefits upon conviction under this section, see section 3505 of Title 38, Veter. ans' Benefits.

Harboring and concealing, generally, see section 1071 et seq. of this title. Jurisdiction of offenses, see section 3241 of this title. Misprision of felony, see section 4 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 951 of this title; title 5 section 8312; title 8 section 1251; title 38 section 3505; title 42 section 2000aa; title 50 App. sections 19, 34.

CROSS REFERENCES Wire or oral communications, authorization for interception, to provide evidence of offenses under this chapter, see section 2516 of this title.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 2516 of this title; title 5 section 8312; title 42 section 402; title 50 section 1702; title 50 App. section 5.

(8 791. Repealed. Pub. L. 87-369, § 1, Oct. 4, 1961, 75

Stat. 795]

Section, act June 25, 1948, ch. 645, 62 Stat. 736, related to application of this chapter within the admiralty and maritime jurisdiction of the United States, on the high seas, and within the United States.

8 793. Gathering, transmitting or losing defense infor.

mation (a) Whoever, for the purpose of obtaining in. formation respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, research laboratory or station or other place connected with the national defense owned or constructed, or in progress of construction by the United States or under the control of the United States, or of any of its officers, departments, or agencies, or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, stored, or are the subject of research or development, under any contract or agreement with the United States, or any department or agency thereof, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any prohibited place so designated by the Presi. dent by proclamation in time of war or in case of national emergency in which anything for the use of the Army, Navy, or Air Force is being

8 792. Harboring or concealing persons

Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe or suspect, has committed, or is about to commit, an offense under sections 793 or 794 of this title, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 736.)

HISTORICAL AND REVISION NOTES Based on section 35 of title 50, U.S.C., 1940 ed., War and National Defense (June 15, 1917, ch. 30, title I, § 5, 40 Stat. 219; Mar. 28, 1940, ch. 72, § 2, 54 Stat. 79),

i So enacted.

prepared or constructed or stored, information delivered to anyone in violation of his trust, or as to which prohibited place the President has to be lost, stolen, abstracted, or destroyed, or determined would be prejudicial to the national (2) having knowledge that the same has been ildefense; or

legally removed from its proper place of custo(b) Whoever, for the purpose aforesaid, and dy or delivered to anyone in violation of its with like intent or reason to believe, copies, trust, or lost, or stolen, abstracted, or detakes, makes, or obtains, or attempts to copy, stroyed, and fails to make prompt report of take, make, or obtain, any sketch, photograph, such loss, theft, abstraction, or destruction to photographic negative, blueprint, plan, map, his superior officermodel, instrument, appliance, document, writ Shall be fined not more than $10,000 or iming, or note of anything connected with the na prisoned not more than ten years, or both. tional defense; or

(g) If two or more persons conspire to violate (c) Whoever, for the purpose aforesaid, re

any of the foregoing provisions of this section, ceives or obtains or agrees or attempts to re and one or more of such persons do any act to ceive or obtain from any person, or from any

effect the object of the conspiracy, each of the source whatever, any document, writing, code

parties to such conspiracy shall be subject to book, signal book, sketch, photograph, photo

the punishment provided for the offense which graphic negative, blueprint, plan, map, model,

is the object of such conspiracy. instrument, appliance, or note, of anything con

(h)(1) Any person convicted of a violation of nected with the national defense, knowing or

this section shall forfeit to the United States, having reason to believe, at the time he receives

irrespective of any provision of State law, any or obtains, or agrees or attempts to receive or

property constituting, or derived from, any proobtain it, that it has been or will be obtained,

ceeds the person obtained, directly or indirecttaken, made, or disposed of by any person con

ly, from any foreign government, or any faction trary to the provisions of this chapter; or

or party or military or naval force within a for(d) Whoever, lawfully having possession of,

eign country, whether recognized or unrecogaccess to, control over, or being entrusted with

nized by the United States, as the result of any document, writing, code book, signal book,

such violation. sketch, photograph, photographic negative,

(2) The court, in imposing sentence on a deblueprint, plan, map, model, instrument, appli

fendant for a conviction of a violation of this ance, or note relating to the national defense,

section, shall order that the defendant forfeit or information relating to the national defense

to the United States all property described in which information the possessor has reason to

paragraph (1) of this subsection. believe could be used to the injury of the

(3) The provisions of subsections (b), (c), and United States or to the advantage of any for

(e) through (o) of section 413 of the Compreeign nation, willfully communicates, delivers,

hensive Drug Abuse Prevention and Control transmits or causes to be communicated, deliv

Act of 1970 (21 U.S.C. 853(b), (c), and (e)-(0)) ered, or transmitted or attempts to communi

shall apply tocate, deliver, transmit or cause to be communi

(A) property subject to forfeiture under cated, delivered or transmitted the same to any

this subsection; person not entitled to receive it, or willfully re

(B) any seizure or disposition of such proptains the same and fails to deliver it on demand

erty; and to the officer or employee of the United States

(C) any administrative or judicial proceedentitled to receive it; or

ing in relation to such property, (e) Whoever having unauthorized possession of, access to, or control over any document, if not inconsistent with this subsection. writing, code book, signal book, sketch, photo (4) Notwithstanding section 524(c) of title 28, graph, photographic negative, blueprint, plan,

there shall be deposited in the Crime Victims map, model, instrument, appliance, or note re

Fund in the Treasury all amounts from the forlating to the national defense, or information feiture of property under this subsection rerelating to the national defense which informa maining after the payment of expenses for fortion the possessor has reason to believe could feiture and sale authorized by law. be used to the injury of the United States or to (June 25, 1948, ch. 645, 62 Stat. 736; Sept. 23, the advantage of any foreign nation, willfully

1950, ch. 1024, title I, § 18, 64 Stat. 1003; Aug. communicates, delivers, transmits or causes to

27, 1986, Pub. L. 99-399, title XIII, § 1306(a), be communicated, delivered, or transmitted, or 100 Stat. 898.) attempts to communicate, deliver, transmit or cause to be communicated, delivered, or trans

HISTORICAL AND REVISION NOTES mitted the same to any person not entitled to

Based on sections 31 and 36 of title 50, U.S.C., 1940 receive it, or willfully retains the same and fails ed., War and National Defense (June 15, 1917, ch. 30, to deliver it to the officer or employee of the title I, §§ 1, 6, 40 Stat. 217, 219; Mar. 28, 1940, ch. 72, United States entitled to receive it; or

1,54 Stat. 79). (f) Whoever, being entrusted with or having Section consolidated sections 31 and 36 of title 50, lawful possession or control of any document,

U.S.C., 1940 ed., War and National Defense. writing, code book, signal book, sketch, photo

Words "departments or agencies" were inserted graph, photographic negative, blueprint, plan,

twice in conformity with definitive section 6 of this

title to eliminate any possible ambiguity as to scope of map, model, instrument, appliance, note, or in

section. formation, relating to the national defense, (1) The words “or induces or aids another” were omitthrough gross negligence permits the same to ted wherever occurring as unnecessary in view of defi. be removed from its proper place of custody or nition of "principal" in section 2 of this title.

Mandatory punishment provision was rephrased in (b) Whoever, in time of war, with intent that the alternative.

the same shall be communicated to the enemy, Minor changes were made in phraseology.

collects, records, publishes, or communicates, or AMENDMENTS

attempts to elicit any information with respect 1986–Subsec. (h). Pub. L. 99-399 added subsec. (h).

to the movement, numbers, description, condi1950—Act Sept. 23, 1950, divided section into subdivi.

tion, or disposition of any of the Armed Forces, sions, inserted laboratories and stations, and places ships, aircraft, or war materials of the United where material or instruments for use in time of war States, or with respect to the plans or conduct, are the subject of research or development to the list or supposed plans or conduct of any naval or of facilities and places to which subsection (a) applies, military operations, or with respect to any made subsection (d) applicable only in cases in which works or measures undertaken for or connected possession, access, or control is lawful, added subsec

with, or intended for the fortification or detion (e) to take care of cases in which possession, access, or control, is unlawful, made subsection (f) ap

fense of any place, or any other information replicable to instruments and appliances, as well as to

lating to the public defense, which might be documents, records, etc., and provided by subsection useful to the enemy, shall be punished by (g) a separate penalty for conspiracy to violate any death or by imprisonment for any term of years provisions of this section.

or for life. INDICTMENT FOR VIOLATING THIS SECTION; LIMITATION

(c) If two or more persons conspire to violate PERIOD

this section, and one or more of such persons

do any act to effect the object of the conspiraLimitation period in connection with indictments for violating this section, see note set out under section

cy, each of the parties to such conspiracy shall 792 of this title.

be subject to the punishment provided for the CANAL ZONE

offense which is the object of such conspiracy.

(d)(1) Any person convicted of a violation of Applicability of section to Canal Zone, see section 14

this section shall forfeit to the United States irof this title. CROSS REFERENCES

respective of any provision of State law

(A) any property constituting, or derived Activities affecting armed forces

from, any proceeds the person obtained, diGenerally, see section 2387 of this title. During war, see section 2388 of this title.

rectly or indirectly, as the result of such vioClassified information, disclosure by Government of lation, and ficial, or other person, penalty for, see section 783 of (B) any of the person's property used, or inTitle 50, War and National Defense, and section 798 of tended to be used, in any manner or part, to this title.

commit, or to facilitate the commission of, Federal retirement benefits, forfeiture upon convic

such violation. tion of offenses described under this section, see section 8312 of Title 5, Government Organization and (2) The court, in imposing sentence on a deEmployees.

fendant for a conviction of a violation of this Forfeiture of veterans' benefits upon conviction section, shall order that the defendant forfeit under this section, see section 3505 of Title 38, Veter.

to the United States all property described in ans' Benefits.

paragraph (1) of this subsection. Jurisdiction of offenses, see section 3241 of this title. Letters, writings, etc., in violation of this section as

(3) The provisions of subsections (b), (c) and nonmailable, see section 1717 of this title.

(e) through (o) of section 413 of the CompreVeterans' benefits, forfeiture upon conviction under hensive Drug Abuse Prevention and Control this section, see section 3505 of Title 38, Veterans' Act of 1970 (21 U.S.C. 853(b), (c), and (e)-(0)) Benefits.

shall apply toSECTION REFERRED TO IN OTHER SECTIONS

(A) property subject to forfeiture under This section is referred to in sections 14, 792, 951,

this subsection; 1717, 1956 of this title; title 5 section 8312; title 8 sec (B) any seizure or disposition of such proption 1251; title 22 section 2778; title 38 section 3505; erty; and title 42 section 2000aa; title 50 App. sections 19, 34, (C) any administrative or judicial proceed2410.

ing in relation to such property, 8 794. Gathering or delivering defense information to

if not inconsistent with this subsection. aid foreign government

(4) Notwithstanding section 524(c) of title 28, (a) Whoever, with intent or reason to believe there shall be deposited in the Crime Victims that it is to be used to the injury of the United Fund in the Treasury all amounts from the forStates or to the advantage of a foreign nation, feiture of property under this subsection recommunicates, delivers, or transmits, or at

maining after the payment of expenses for fortempts to communicate, deliver, or transmit, to

feiture and sale authorized by law. any foreign government, or to any faction or

(June 25, 1948, ch. 645, 62 Stat. 737; Sept. 3, party or military or naval force within a foreign

1954, ch. 1261, title II, $ 201, 68 Stat. 1219; Aug. country, whether recognized or unrecognized

27, 1986, Pub. L. 99-399, title XIII, § 1306(b), by the United States, or to any representative, 100 Stat. 898; Nov. 18, 1988, Pub. L. 100-690, officer, agent, employee, subject, or citizen

title VII, § 7064, 102 Stat. 4404.) thereof, either directly or indirectly, any document, writing, code book, signal book, sketch,

HISTORICAL AND REVISION NOTES photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance,

Based on sections 32 and 34 of title 50, U.S.C., 1940 or information relating to the national defense,

ed., War and National Defense (June 15, 1917, ch. 30,

title I, $$ 2, 4, 40 Stat. 218, 219). shall be punished by death or by imprisonment Section consolidates sections 32 and 34 of title 50, for any term of years or for life.

U.S.C., 1940 ed., War and National Defense.

« iepriekšējāTurpināt »