Fill and Sign the 18 Us Code752 Instigating or Assisting Escapeus Form

23 Instigating Or Assisting Escape 18 USC § 752(a) Title 18, United States Code, Section 752(a), makes it a Federal crime or offense for anyone to instigate an escape or aid someone else in escaping from t he lawful custody of a Federal officer.The Defendant can be found guilt y of that offense only if all of thefollowing facts are proved beyond a reasonable doubt:First: That the person named in the indictment was in the custody of [the Attorney General] [a Federal officer under judicial process]; andSecond: That the Defendant knowingly and willfully instigated, aided or assisted the escape or attempt of t hat person t o escape from such custody. " Custody" simply means the detention of an individual' s person by virtue of lawful process or authority. To " escape" means to f lee or depart from custody or failing to return to custody, wit h knowledge t hat the act ion being taken will result in leaving lawful detention. ANNOTATIONS AND COMMENTS 18 USC § 752(a) provides: Whoever rescues or attempts to rescue or instigates, aids or assist s t he escape, or attempt t o escape, of any person arrest ed upon a warrant or other process issued under any law of the Unit ed States, or committed to the custody of the Attorney General or to any institution or facility by his direction [shall be guilty of an offense against t he United States]. Maximum Penalty: Five (5) years imprisonment and $ 250,0 00 fine. It may be necessary in some cases t o define the boundary line between aiding an escape (under this section) and harboring a fugitive (in violation of 18 USC § 1072). If an escapee reaches safety so t hat the escape itself is accomplished, any aid given to the fugitive after that point would constitute harboring, not aiding the escape. See Unit ed States v. DeStefano, 5 9 F.3 d 1 (1st Cir. 1995) in which the Court of Appeals approved the following instruct ion: " The crime of aiding or assisting an escape cannot occur after the escapee reaches temporary safety. After that , aid or assistance to a fugitive is no longer aiding or assisting his escape . . ."