18 U.S.C. § 758 — High speed flight from immigration check-

Page 183 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 758 §§ 138, 139, 35 Stat. 1113; Mar. 22, 1934, ch. 73, § 4, 48 Stat. 456). Sections 244, 662e and 665 of title 18, U.S.C., 1940 ed., were consolidated. The two latter sections merely ex- tended 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, ministe- rial officer, or other person,’’ was omitted as surplus- age. Provision making section applicable to cases of pris- oners in custody pending extradition or removal pro- ceedings as well as prisoners convicted of offenses against the United States was likewise omitted as un- necessary. Changes in phraseology were made. SENATE REVISION AMENDMENT The text of this section was changed by Senate amendment in view of the act of June 21, 1947, ch. 111, 61 Stat. 134, which, by amending section 244 of Title 18, U.S.C., became an additional source of this section. The amendment constitutes the last clause of this section. See Senate Report No. 1620, amendment No. 8, 80th Cong. Editorial Notes AMENDMENTS 1996—Pub. L. 104–132 substituted ‘‘5 years’’ for ‘‘two years’’. 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $2,000’’ after ‘‘escape, shall be’’ and for ‘‘fined not more than $500’’ after ‘‘he shall be’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ substituted for ‘‘mag- istrate’’ in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, ‘‘mag- istrate’’ substituted for ‘‘commissioner’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. § 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 fac- tion who is interned in the United States in ac- cordance 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 under this title or im- prisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 735; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–132, title VII, § 705(a)(3), Apr. 24, 1996, 110 Stat. 1295.) 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. Editorial Notes AMENDMENTS 1996—Pub. L. 104–132 substituted ‘‘five years’’ for ‘‘one year’’. 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 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 al- lies, 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, trans- ports, 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 con- spires to commit any of the above acts, shall be fined under this title or imprisoned not more than ten years, or both. The provisions of this section shall be in addi- tion to and not in substitution for any other provision of law. (June 25, 1948, ch. 645, 62 Stat. 735; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) 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. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ in first par. § 758. High speed flight from immigration check- point Whoever flees or evades a checkpoint operated by the Immigration and Naturalization Service, or any other Federal law enforcement agency, in a motor vehicle and flees Federal, State, or local law enforcement agents in excess of the legal speed limit shall be fined under this title, im- prisoned not more than five years, or both. (Added Pub. L. 104–208, div. C, title I, § 108(b)(1), Sept. 30, 1996, 110 Stat. 3009–557.) Statutory Notes and Related Subsidiaries ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. CONGRESSIONAL FINDINGS Pub. L. 104–208, div. C, title I, § 108(a), Sept. 30, 1996, 110 Stat. 3009–557, provided that: ‘‘The Congress finds as follows: ‘‘(1) Immigration checkpoints are an important component of the national strategy to prevent illegal immigration. ‘‘(2) Individuals fleeing immigration checkpoints and leading law enforcement officials on high speed vehicle chases endanger law enforcement officers, in- nocent bystanders, and the fleeing individuals them- selves. ‘‘(3) The pursuit of suspects fleeing immigration checkpoints is complicated by overlapping jurisdic- tion among Federal, State, and local law enforcement officers.’’ Page 184 TITLE 18—CRIMES AND CRIMINAL PROCEDURE [§ 791 CHAPTER 37—ESPIONAGE AND CENSORSHIP 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. Disclosure of classified information. 798A. Temporary extension of section 794. 799. Violation of regulations of National Aero- nautics and Space Administration. Editorial Notes AMENDMENTS 1990—Pub. L. 101–647, title XXXV, § 3519(b), Nov. 29, 1990, 104 Stat. 4923, redesignated item 798, ‘‘Temporary extension of section 794’’, as 798A. 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(c)(2), July 29, 1958, 72 Stat. 434, added item 799. 1953—Act June 30, 1953, ch. 175, § 3, 67 Stat. 133, added second item 798. 1951—Act Oct. 31, 1951, ch. 655, § 23, 65 Stat. 719, added item 798. [§ 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. § 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 com- mit, an offense under sections 793 or 794 of this title, shall be fined under this title or impris- oned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 736; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) 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). Similar harboring and concealing language was added to section 2388 of this title. Mandatory punishment provision was rephrased in the alternative. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. Statutory Notes and Related Subsidiaries 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 of- fense ‘‘now’’ barred by the provisions of existing law. § 793. Gathering, transmitting or losing defense information (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 in- formation concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling station, fort, battery, torpedo sta- tion, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, research labora- tory 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 with- in the exclusive jurisdiction of the United States, or any place in which any vessel, air- craft, arms, munitions, or other materials or in- struments 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 de- partment 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 President by procla- mation 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 prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the national defense; or (b) Whoever, for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or obtains, or attempts to copy, take, make, or obtain, any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writ- ing, or note of anything connected with the na- tional defense; or (c) Whoever, for the purpose aforesaid, re- ceives or obtains or agrees or attempts to re- ceive or obtain from any person, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photo- graphic negative, blueprint, plan, map, model, instrument, appliance, or note, of anything con- nected with the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts to receive or obtain it, that it has been or will be obtained, taken, made, or disposed of by any person con- trary to the provisions of this chapter; or (d) Whoever, lawfully having possession of, ac- cess to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appli- ance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to