Us Code § 755 - Officer permitting escape
Full text of Us Code United States Code § 755 — Officer permitting escape, with citation guidance and answers to common questions.
§ 755. Officer permitting escape
Whoever, having in his custody any prisoner by virtue of process issued under the laws of the United States by any court, judge, or magistrate judge, voluntarily suffers such prisoner to escape, shall be fined under this title or imprisoned not more than 5 years, or both; or if he negligently suffers such person to escape, he shall be fined under this title or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 735; Pub. L. 90–578, title IV, §402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103–322, title XXXIII, §330016(1)(G), (I), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–132, title VII, §705(a)(2), Apr. 24, 1996, 110 Stat. 1295.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§244, 662e, 665 (Feb. 6, 1905, ch. 454, §2, 33 Stat. 698; Mar. 4, 1909, ch. 321, §§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 extended 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, ministerial officer, or other person," was omitted as surplusage.
Provision making section applicable to cases of prisoners in custody pending extradition or removal proceedings as well as prisoners convicted of offenses against the United States was likewise omitted as unnecessary.
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 "magistrate" 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, "magistrate" substituted for "commissioner" pursuant to Pub. L. 90–578. See chapter 43 (§631 et seq.) of Title 28.
About This Section
18 U.S.C. § 755 is part of Title 18 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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