18 U.S.C. § 3146 | Penalty for failure to appear

(a)

Offense .—

Whoever, having been released under this chapter knowingly—

(1)

fails to appear before a court as required by the conditions of release; or

(2)

fails to surrender for service of sentence pursuant to a court order;

shall be punished as provided in subsection (b) of this section.

(b)

Punishment .—

(1)

The punishment for an offense under this section is—

(A)

if the person was released in connection with a charge of, or while awaiting sentence, surrender for service of sentence, or appeal or certiorari after conviction for—

(i)

an offense punishable by death, life imprisonment, or imprisonment for a term of 15 years or more, a fine under this title or imprisonment for not more than ten years, or both;

(ii)

an offense punishable by imprisonment for a term of five years or more, a fine under this title or imprisonment for not more than five years, or both;

(iii)

any other felony, a fine under this title or imprisonment for not more than two years, or both; or

(iv)

a misdemeanor, a fine under this title or imprisonment for not more than one year, or both; and

(B)

if the person was released for appearance as a material witness, a fine under this chapter or imprisonment for not more than one year, or both.

(2)

A term of imprisonment imposed under this section shall be consecutive to the sentence of imprisonment for any other offense.

(c)

Affirmative Defense .—

It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to appear or surrender, and that the person appeared or surrendered as soon as such circumstances ceased to exist.

(d)

Declaration of Forfeiture .—

section 3142(b) of this title section 3142(c)(1)(B) of this titleIf a person fails to appear before a court as required, and the person executed an appearance bond pursuant to or is subject to the release condition set forth in clause (xi) or (xii) of , the judicial officer may, regardless of whether the person has been charged with an offense under this section, declare any property designated pursuant to that section to be forfeited to the United States.

Pub. L. 98–473, title II, § 203(a)Oct. 12, 198498 Stat. 1982 Pub. L. 99–646, § 55(f)Nov. 10, 1986100 Stat. 3609 Pub. L. 103–322, title XXXIII, § 330016(2)(K)Sept. 13, 1994108 Stat. 2148 Pub. L. 104–294, title VI, § 601(a)(4)Oct. 11, 1996110 Stat. 3498(Added , , ; amended , , ; , , ; , , .)

Editorial Notes

Prior Provisions

Pub. L. 89–465, § 3(a)June 22, 196680 Stat. 214 Pub. L. 97–291, § 8Oct. 12, 198296 Stat. 1257 section 203(a) of Pub. L. 98–473A prior section 3146, added , , ; amended , , , related to release in noncapital cases prior to trial, prior to repeal in the revision of this chapter by .

act Aug. 20, 1954, ch. 772, § 1 68 Stat. 747 Pub. L. 89–465, § 3(a)June 22, 196680 Stat. 214Another prior section 3146, , , which prescribed penalties for jumping bail, was repealed by , , , and covered by former sections 3150 and 3151 of this title.

Amendments

Pub. L. 104–2941996—Subsec. (b)(1)(A)(iv). substituted “a fine under this title” for “a fined under this title”.

Pub. L. 103–3221994—Subsec. (b)(1)(A)(iv). substituted “fined under this title” for “fine under this chapter”.

Pub. L. 99–646, § 55(f)(1)1986—Subsec. (a). , added subsec. (a) and struck out former subsec. (a) which read as follows: “A person commits an offense if, after having been released pursuant to this chapter—

“(1) he knowingly fails to appear before a court as required by the conditions of his release; or

“(2) he knowingly fails to surrender for service of sentence pursuant to a court order.”

Pub. L. 99–646, § 55(f)(1)Subsec. (b). , added subsec. (b) and struck out former subsec. (b) which was captioned “Grading”, and which read as follows: “If the person was released—

“(1) in connection with a charge of, or while awaiting sentence, surrender for service of sentence, or appeal or certiorari after conviction, for—

“(A) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more, he shall be fined not more than $25,000 or imprisoned for not more than ten years, or both;

“(B) an offense punishable by imprisonment for a term of five or more years, but less than fifteen years, he shall be fined not more than $10,000 or imprisoned for not more than five years, or both;

“(C) any other felony, he shall be fined not more than $5,000 or imprisoned for not more than two years, or both; or

“(D) a misdemeanor, he shall be fined not more than $2,000 or imprisoned for not more than one year, or both; or

“(2) for appearance as a material witness, he shall be fined not more than $1,000 or imprisoned for not more than one year, or both.

A term of imprisonment imposed pursuant to this section shall be consecutive to the sentence of imprisonment for any other offense.”

Pub. L. 99–646, § 55(f)(2)Subsec. (c). , substituted “requirement to appear” for “requirement that he appear” and “the person appeared” for “he appeared”.

Pub. L. 99–646, § 55(f)(3)section 3142(c)(1)(B) of this titleSubsec. (d). , inserted “of this title” after “3142(b)” and substituted “clause (xi) or (xii) of ” for “section 3142(c)(2)(K) or (c)(2)(L)”.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Pub. L. 99–646Nov. 10, 1986section 55(j) of Pub. L. 99–646 section 3141 of this titleAmendment by effective 30 days after , see , set out as a note under .