§ 755. Officer permitting escape

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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.

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June 25, 1948, ch. 645
62 Stat. 735
Pub. L. 90–578, title IV, § 402(b)(2)
82 Stat. 1118
Pub. L. 101–650, title III, § 321
104 Stat. 5117
Pub. L. 103–322, title XXXIII, § 330016(1)(G)
108 Stat. 2147
Pub. L. 104–132, title VII, § 705(a)(2)
110 Stat. 1295
Feb. 6, 1905, ch. 454, § 2
33 Stat. 698
Mar. 4, 1909, ch. 321
35 Stat. 1113
Mar. 22, 1934, ch. 73, § 4
48 Stat. 456
act of June 21, 1947, ch. 111
61 Stat. 134
Pub. L. 104–132
Pub. L. 103–322
section 321 of Pub. L. 101–650
Pub. L. 90–578

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cites case law

§ 755

Officer permitting escape

U.S.C.§ 244

U.S.C.§ 631

ActJune 25, 1948, ch. 645

Stat.62 Stat. 735

Pub. L.Pub. L. 90–578, title IV, § 402(b)(2)

Stat.82 Stat. 1118

Pub. L.Pub. L. 101–650, title III, § 321

Cites 24 · showing 7Cited by 0 across 0 sources