18 U.S.C. § 1073 — Flight to avoid prosecution or giving testi-

Page 332 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1071 § 1071. Concealing person from arrest Whoever harbors or conceals any person for whose arrest a warrant or process has been issued under the provisions of any law of the United States, so as to prevent his discovery and arrest, after notice or knowledge of the fact that a warrant or process has been issued for the ap- prehension of such person, shall be fined under this title or imprisoned not more than one year, or both; except that if the warrant or process issued on a charge of felony, or after conviction of such person of any offense, the punishment shall be a fine under this title, or imprisonment for not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 755; Aug. 20, 1954, ch. 771, 68 Stat. 747; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 107–273, div. B, title IV, § 4003(a)(3), Nov. 2, 2002, 116 Stat. 1811.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 246 (Mar. 4, 1909, ch. 321, § 141, 35 Stat. 1114). Section 246 of title 18, U.S.C., 1940 ed., was divided. Part is in this section and the remainder is incor- porated in section 752 of this title. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 substituted ‘‘fine under this title’’ for ‘‘fine of under this title’’. 1994—Pub. L. 103–322 substituted ‘‘under this title’’ for ‘‘not more than $1,000’’ after ‘‘person, shall be fined’’ and for ‘‘not more than $5,000’’ after ‘‘shall be a fine of’’. 1954—Act Aug. 20, 1954, increased the penalty from 6 months to 1 year where the violator harbored a person for whom process has been issued on a misdemeanor charge and inserted the penalty provision where the violation occurred after a person has been convicted of any offense or where a process has been issued for a fel- ony. § 1072. Concealing escaped prisoner Whoever willfully harbors or conceals any prisoner after his escape from the custody of the Attorney General or from a Federal penal or correctional institution, shall be imprisoned not more than three years. (June 25, 1948, ch. 645, 62 Stat. 755.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 753i, 910 (May 14, 1930, ch. 274, § 10, 46 Stat. 327; May 27, 1930, ch. 339, § 10, 46 Stat. 390). Section consolidates similar language of said sections of title 18, U.S.C., 1940 ed. Remaining provisions are in section 752 of this title. Words ‘‘willfully harbors’’ were added in conformity with section 1071 of this title. Punishment for har- boring violators of the Espionage laws is provided in section 792 of this title. Punishment for harboring de- serters from the armed forces is provided in section 1381 of this title. Minor changes were made in phraseology. § 1073. Flight to avoid prosecution or giving testi- mony Whoever moves or travels in interstate or for- eign commerce with intent either (1) to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which he flees, for a crime, or an attempt to commit a crime, punishable by death or which is a felony under the laws of the place from which the fugitive flees, or (2) to avoid giving testi- mony in any criminal proceedings in such place in which the commission of an offense punish- able by death or which is a felony under the laws of such place, is charged, or (3) to avoid service of, or contempt proceedings for alleged disobe- dience of, lawful process requiring attendance and the giving of testimony or the production of documentary evidence before an agency of a State empowered by the law of such State to conduct investigations of alleged criminal ac- tivities, shall be fined under this title or impris- oned not more than five years, or both. For the purposes of clause (3) of this paragraph, the term ‘‘State’’ includes a State of the United States, the District of Columbia, and any com- monwealth, territory, or possession of the United States. Violations of this section may be prosecuted only in the Federal judicial district in which the original crime was alleged to have been com- mitted, or in which the person was held in cus- tody or confinement, or in which an avoidance of service of process or a contempt referred to in clause (3) of the first paragraph of this section is alleged to have been committed, and only upon formal approval in writing by the Attorney Gen- eral, the Deputy Attorney General, the Asso- ciate Attorney General, or an Assistant Attor- ney General of the United States, which func- tion of approving prosecutions may not be dele- gated. (June 25, 1948, ch. 645, 62 Stat. 755; Apr. 6, 1956, ch. 177, § 1, 70 Stat. 100; Pub. L. 87–368, Oct. 4, 1961, 75 Stat. 795; Pub. L. 91–452, title III, § 302, Oct. 15, 1970, 84 Stat. 932; Pub. L. 100–690, title VII, § 7020(b), Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103–322, title XXXIII, §§ 330004(19), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2142, 2147; Pub. L. 104–294, title VI, § 607(e), Oct. 11, 1996, 110 Stat. 3511.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 408e (May 18, 1934, ch. 302, 48 Stat. 782; Aug. 2, 1946, ch. 735, 60 Stat. 789). Said section 408e was rewritten and the phrase ‘‘of- fenses as they are defined either at common law or by the laws of the place from which the fugitive flees’’ were inserted to remove the ambiguity discussed in the opinion of the Circuit Court of Appeals, Third Circuit, in Brandenburg v. U.S., decided September 6, 1944, not yet reported [144 F2d 656], reversing the conviction of the appellant. The court held that Congress intended the enumerated offenses to mean those as defined at common law. The effect of the rewritten section is to make the statute applicable whether the offense com- mitted is one defined at common law or by the law of the state from which the fugitive flees. The words ‘‘offense punishable by imprisonment in a penitentiary’’ were substituted for ‘‘felony’’ to make the statute uniformly applicable and to include crimes of the grade of felony even where, as in New Jersey, they are denominated as misdemeanor, high mis- demeanor or otherwise. Words ‘‘from any State, Territory, or possession of the United States or the District of Columbia’’ were omitted in view of definitive section 10 of this title. Words ‘‘upon conviction thereof’’ were deleted as sur- plusage since punishment cannot be imposed until a conviction is secured. Page 333 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1074 Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294 inserted at end of first par. ‘‘For the purposes of clause (3) of this paragraph, the term ‘State’ includes a State of the United States, the Dis- trict of Columbia, and any commonwealth, territory, or possession of the United States.’’ 1994—Pub. L. 103–322, § 330016(1)(K), substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. Pub. L. 103–322, § 330004(19), struck out ‘‘or which, in the case of New Jersey, is a high misdemeanor under the laws of said State,’’ before ‘‘or (2) to avoid’’ and ‘‘or which in the case of New Jersey, is a high misdemeanor under the laws of said State,’’ before ‘‘is charged, or (3)’’. 1988—Pub. L. 100–690 inserted ‘‘, the Deputy Attorney General, the Associate Attorney General,’’ after ‘‘the Attorney General’’. 1970—Pub. L. 91–452 inserted cl. (3) and ‘‘, or in which an avoidance of service of process or a contempt re- ferred to in clause (3) of the first paragraph of this sec- tion is alleged to have been committed,’’ after ‘‘in cus- tody or confinement’’. 1961—Pub. L. 87–368 substituted ‘‘a crime, or an at- tempt to commit a crime, punishable by death or which is a felony under the laws of the place from which the fugitive flees, or which, in the case of New Jersey, is a high misdemeanor under the laws of said State’’ for ‘‘murder, kidnaping, burglary, robbery, mayhem, rape, assault with a dangerous weapon, arson punishable as a felony, or extortion accompanied by threats of vio- lence, or attempt to commit any of the foregoing of- fenses as they are defined either at common law or by the laws of the place from which the fugitive flees’’, ‘‘death or which is a felony under the laws of such place, or which in the case of New Jersey, is a high mis- demeanor under the laws of said State,’’ for ‘‘imprison- ment in a penitentiary’’, and required that prosecu- tions must be upon the formal written approval of the Attorney General or an Assistant Attorney General, which function may not be delegated. 1956—Act Apr. 6, 1956, inserted ‘‘, arson punishable as a felony’’ after ‘‘assault with a dangerous weapon’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1956 AMENDMENT Act Apr. 6, 1956, ch. 177, § 2, 70 Stat. 100, provided that: ‘‘The amendment made by the first section of this Act [amending this section] shall take effect on the thir- tieth day after the date of enactment of this Act [April 6, 1956].’’ PARENTAL KIDNAPING AND INTERSTATE OR INTER- NATIONAL FLIGHT TO AVOID PROSECUTION UNDER AP- PLICABLE STATE FELONY STATUTES Pub. L. 96–611, § 10, Dec. 28, 1980, 94 Stat. 3573, provided that: ‘‘(a) In view of the findings of the Congress and the purposes of sections 6 to 10 of this Act set forth in sec- tion 302 [probably means section 7 of Pub. L. 96–611, set out as a note under section 1738A of Title 28, Judiciary and Judicial Procedure], the Congress hereby expressly declares its intent that section 1073 of title 18, United States Code, apply to cases involving parental kid- naping and interstate or international flight to avoid prosecution under applicable State felony statutes. ‘‘(b) The Attorney General of the United States, not later than 120 days after the date of the enactment of this section [Dec. 28, 1980] (and once every 6 months during the 3-year period following such 120-day period), shall submit a report to the Congress with respect to steps taken to comply with the intent of the Congress set forth in subsection (a). Each such report shall in- clude— ‘‘(1) data relating to the number of applications for complaints under section 1073 of title 18, United States Code in cases involving parental kidnaping; ‘‘(2) data relating to the number of complaints issued in such cases; and ‘‘(3) such other information as may assist in de- scribing the activities of the Department of Justice in conformance with such intent.’’ § 1074. Flight to avoid prosecution for damaging or destroying any building or other real or personal property (a) Whoever moves or travels in interstate or foreign commerce with intent either (1) to avoid prosecution, or custody, or confinement after conviction, under the laws of the place from which he flees, for willfully attempting to or damaging or destroying by fire or explosive any building, structure, facility, vehicle, dwelling house, synagogue, church, religious center or educational institution, public or private, or (2) to avoid giving testimony in any criminal pro- ceeding relating to any such offense shall be fined under this title or imprisoned not more than five years, or both. (b) Violations of this section may be pros- ecuted in the Federal judicial district in which the original crime was alleged to have been com- mitted or in which the person was held in cus- tody or confinement: Provided, however, That this section shall not be construed as indicating an intent on the part of Congress to prevent any State, Territory, Commonwealth, or possession of the United States of any jurisdiction over any offense over which they would have jurisdiction in the absence of such section. (Added Pub. L. 86–449, title II, § 201, May 6, 1960, 74 Stat. 86; amended Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. CHAPTER 50—GAMBLING Sec. 1081. Definitions. 1082. Gambling ships. 1083. Transportation between shore and ship; pen- alties. 1084. Transmission of wagering information; pen- alties. HISTORICAL AND REVISION NOTES This section [section 23 of act May 24, 1949] inserts a new chapter 50 (secs. 1081–1083) in title 18, U.S.C., incor- porating, with slight changes in phraseology, most of the provisions of act of April 27, 1948 (ch. 235, 62 Stat. 200), which was not incorporated in title 18 when the re- vision was enacted. Subsection (e) of section 1 of such act, defining ‘‘United States’’, when used in a geo- graphical sense, was omitted as covered by section 5 of such title 18. Section 4 of such act, which provided that nothing in such act ‘‘shall be held to take away or im- pair the jurisdiction of the courts of the several States under the laws thereof, or to preclude action, otherwise valid, by any State or Territory with respect to the navigable waters within the boundaries of such State or Territory’’, was omitted as surplusage and unneces- sary. Editorial Notes AMENDMENTS 1961—Pub. L. 87–216, § 3, Sept. 13, 1961, 75 Stat. 491, added item 1084.