US Code

Public Law 119-88 (05/04/2026)

18 U.S.C. § 752

Instigating or assisting escape

(a)
Whoever rescues or attempts to rescue or instigates, aids or assists the escape, or attempt to escape, of any person arrested upon a warrant or other process issued under any law of the United States, or committed to the custody of the Attorney General or to any institution or facility by his direction, shall, if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be fined under this title 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 misdemeanor, and prior to conviction, be fined under this title or imprisoned not more than one year, or both.
(b)
section 5034 of this title Whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempted escape of any person in the custody of the Attorney General or his authorized representative, or of any person arrested upon a warrant or other process issued under any law of the United States or from any institution or facility in which he is confined by direction of the Attorney General, 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 , be fined under this title or imprisoned not more than one year, or both.

June 25, 1948, ch. 645 62 Stat. 735 May 28, 1956, ch. 331 70 Stat. 216 Pub. L. 88–251, § 277 Stat. 834 Pub. L. 89–176, § 379 Stat. 675 Pub. L. 100–690, title VII, § 7055102 Stat. 4402 Pub. L. 103–322, title XXXIII, § 330016(1)(H)108 Stat. 2147 Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(D)116 Stat. 1809 (, ; , ; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes

Mar. 4, 1909, ch. 321 35 Stat. 1114 May 14, 1930, ch. 274, § 10 46 Stat. 327 May 27, 1930, ch. 339, § 10 46 Stat. 390 Mar. 22, 1934, ch. 73, § 2 48 Stat. 455 May 18, 1934, ch. 303, § 1 48 Stat. 782 Based on title 18, U.S.C., 1940 ed., §§ 246, 247, 252, 661, 662c, 753i, 910 (R.S. § 5277; , §§ 141, 143, ; , ; , ; , ; , ).

Section consolidated escape and rescue provisions of sections 246, 247, 252, 661, 662c, 753i, and 910 of title 18, U.S.C., 1940 ed. Remaining provisions of those sections are in sections 1071, 1072, 1502, 1792, 3183, and 3195 of this title.

No two sections provided the same punishment. Every section except said section 252 made the offense a misdemeanor by providing for fines varying from $500 to $1,000 and terms of imprisonment varying from 6 months to 1 year. Said section 252, representing the latest expression by Congress, provided for 10 years’ imprisonment.

section 751 of this titleThe punishment provision was adopted from , which makes it unlawful for a prisoner to escape from his place of confinement. Thus the same punishment would apply to the person aiding in an escape as to the person escaping.

The language of this section reconciles the conflict by adopting a penalty which is a compromise between the varying provisions.

section 751 of this titleReference to “extradition” was inserted to avoid ambiguity and to harmonize section with .

References to “force” were omitted as well as those to “officer” or “custody.” See definition of “Rescue,” Black’s Law Dictionary, citing 4 Bl. Comm. 131.

Changes were made in phraseology.

Editorial Notes

Amendments

Pub. L. 107–2732002—Subsec. (a). substituted “or conviction of any offense, be fined under this title” for “or conviction of any offense, be fined not more than $5,000”.

Pub. L. 103–3221994—Subsecs. (a), (b). substituted “fined under this title” for “fined not more than $1,000”.

Pub. L. 100–6901988—Subsec. (a). inserted “, or for exclusion or expulsion proceedings under the immigration laws,” after “extradition”.

Pub. L. 89–1761965— inserted “or facility” after “institution”.

Pub. L. 88–2511963— designated existing provisions as subsec. (a) and added subsec. (b).

1956—Act , inserted “, or attempt to escape,” after “escape”.