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2026-07-06 10:51:44 -04:00

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LegalText 18 U.S.C. § 755 Officer permitting escape us united_states_code code_section 18 CRIMES AND CRIMINAL PROCEDURE 35 ESCAPE AND RESCUE 755 18 U.S.C. § 755 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc18@119-100.zip /us/usc/t18/s755 data/legal/raw/us/code/title-18/usc18.xml a066bd635fcaa1521d8788f29a2da3cbf6d12e8cf46ddd7931801f369476bc3a 1a1bbbbdb59e376ada4eb7ad1056fd68d396679ee7ab59f0561af15006122708 55977f25e8b9c9da30786be262dee0f2613e74e865265ded8f363b6fc8223bb4 2026-07-04 official
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18 U.S.C. § 755 - Officer permitting escape

Text

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. 90578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103322, title XXXIII, § 330016(1)(G), (I), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104132, title VII, § 705(a)(2), Apr. 24, 1996, 110 Stat. 1295.)

Notes

Historical and Revision NotesBased 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 AmendmentThe 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

Amendments1996—Pub. L. 104132 substituted “5 years” for “two years”. 1994—Pub. L. 103322 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. 101650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, “magistrate” substituted for “commissioner” pursuant to Pub. L. 90578. See chapter 43 (§ 631 et seq.) of Title 28.