Prisoners in custody of institution or officer
Official text prohibited actmental stateif conditionpenaltylegal term
(a) Whoever escapes or to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or magistrate judge, or from the custody of an officer or employee of the United States pursuant to lawful arrest, shall, if the custody or confinement is by virtue of an arrest on a charge of , or conviction of any offense, be 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 , and prior to conviction, be or imprisoned not more than one year, or both.
(b) Whoever escapes or to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or magistrate judge, or from the custody of an officer or employee of the United States pursuant to lawful arrest, 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 or imprisoned not more than one year, or both. Nothing herein contained shall be construed to affect the discretionary authority vested in the Attorney General pursuant to section 5032 of this title.
History: (June 25, 1948, ch. 645, 62 Stat. 734 (PDF, 39 MB); Pub. L. 88–251, §1, Dec. 30, 1963, 77 Stat. 834 (PDF, 2.8 MB); Pub. L. 89–176, §3, Sept. 10, 1965, 79 Stat. 675; Pub. L. 90–578, title IV, §402(b)(2), Oct. 17, 1968, 82 Stat. 1118 (PDF, 2.3 MB); Pub. L. 100–690, title VII, §7055, Nov. 18, 1988, 102 Stat. 4402 (PDF, 56 MB); Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117 (PDF, 7.4 MB); Pub. L. 103–322, title XXXIII, §330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147 (PDF, 52 MB).)
Simplified explanation
It is a federal crime to escape, or try to escape, from federal custody, such as a federal prison, a court-ordered custody, or arrest by a federal officer. The punishment depends on why the person was being held.