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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 18 U.S.C. § 5033 Custody prior to appearance before magistrate judge us united_states_code code_section 18 CRIMES AND CRIMINAL PROCEDURE 403 JUVENILE DELINQUENCY 5033 18 U.S.C. § 5033 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/s5033 data/legal/raw/us/code/title-18/usc18.xml 27e80bc1868b28b154be4b8c6316208b39c6740c5c61c035ea8f74f064e90c9a 1a1bbbbdb59e376ada4eb7ad1056fd68d396679ee7ab59f0561af15006122708 f92bae8b1c2841b20ba99cbf164677d19b43999eec428c614f210c05e5cf0596 2026-07-04 official
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18 U.S.C. § 5033 - Custody prior to appearance before magistrate judge

Text

Whenever a juvenile is taken into custody for an alleged act of juvenile delinquency, the arresting officer shall immediately advise such juvenile of his legal rights, in language comprehensive to a juvenile, and shall immediately notify the Attorney General and the juveniles parents, guardian, or custodian of such custody. The arresting officer shall also notify the parents, guardian, or custodian of the rights of the juvenile and of the nature of the alleged offense. The juvenile shall be taken before a magistrate judge forthwith. In no event shall the juvenile be detained for longer than a reasonable period of time before being brought before a magistrate judge.

(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 93415, title V, § 503, Sept. 7, 1974, 88 Stat. 1135; Pub. L. 101650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)

Notes

Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., §§ 922, 923 (June 16, 1938, ch. 486, §§ 2, 3, 52 Stat. 765). This section consolidates said section 923, and the final sentence of said section 922, of title 18, U.S.C., 1940 ed., with such changes of phraseology as were necessary to effect the consolidation. This revised section and section 5032 of this title were rewritten to make clear the legislative intent that a juvenile delinquency proceeding shall result in the adjudication of a status rather than the conviction of a crime. The other provisions of said section 922 are incorporated in section 5032 of this title.

Editorial Notes

Amendments1974—Pub. L. 93415 amended section generally, substituting “Custody prior to appearance before magistrate”, for “Jurisdiction; written consent; jury trial precluded” in section catchline, and substituting provisions relating to advice of rights by arresting officer, notification of Attorney General, parents, guardian or custodian, and appearance before magistrate, for provisions relating to jurisdiction of district courts, jury, consent by juvenile, and apprisal of rights by Judge of District Court.

Statutory Notes and Related Subsidiaries

Change of Name Words “magistrate judge” substituted for “magistrate” in catchline and wherever appearing 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.

RepealsPub. L. 93415, title V, § 503, Sept. 7, 1974, 88 Stat. 1135, cited as a credit to this section, was repealed by Pub. L. 115385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152.