Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.
Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years.
June 25, 1948, ch. 64562 Stat. 684Pub. L. 99–646, § 43100 Stat. 3601Pub. L. 101–647, title XXXV, § 3502104 Stat. 4921Pub. L. 103–322, title XXXIII108 Stat. 2145(, ; , , ; , , ; , §§ 330011(h), 330016(2)(A), , , 2148.)
Historical and Revision Notes
Mar. 4, 1909, ch. 321, § 33335 Stat. 1152Based on title 18, U.S.C., 1940 ed., § 551 (, ).
Skelly v. United StatesThe first paragraph is new. It is based upon authority of (C. C. A. Okl. 1935, 76 F. 2d 483, certiorari denied, 1935, 55 S. Ct. 914, 295 U.S. 757, 79 L. Ed. 1699), where the court defined an accessory after the fact as—
one who knowing a felony to have been committed by another, receives, relieves, comforts, or assists the felon in order to hinder the felon’s apprehension, trial, or punishment—
U.S. v. HartwellAlbritton v. StateState v. DavisSchleeter v. CommonwealthState v. PotterHunter v. StateState v. Wellsand cited Jones’ Blackstone, books 3 and 4, page 2204; (Fed. Cas. No. 15,318); (32 Fla. 358, 13 So. 955); (14 R. I. 281); (218 Ky. 72, 290 S. W. 1075). (See also , 1942, 221 N. C. 153, 19 S. E. 2d 257; , 1935, 128 Tex. Cr. R. 191, 79 S. W. 2d 855; , 1940, 195 La. 754, 197 So. 419.)
section 551 of title 18The second paragraph is from , U.S.C., 1940 ed. Here only slight changes were made in phraseology.
Editorial Notes
Amendments
Pub. L. 103–322, § 330016(2)(A)1994—, inserted “(notwithstanding section 3571)” before “fined not more than one-half” in second par.
Pub. L. 103–322, § 330011(h)Pub. L. 101–647, § 3502, amended directory language of . See 1990 Amendment note below.
Pub. L. 101–647Pub. L. 103–322, § 330011(h)1990—, as amended by , substituted “15 years” for “ten years” in second par.
Pub. L. 99–6461986— inserted “life imprisonment or” in second par.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Pub. L. 103–322, title XXXIII, § 330011(h)108 Stat. 2145, , , provided that the amendment made by that section is effective as of .