2021 US Code
Title 18 - Crimes and Criminal Procedure
Part I - Crimes
Chapter 1 - General Provisions
Sec. 3 - Accessory after the fact

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Citation 18 U.S.C. § 3 (2021)
Section Name §3. Accessory after the fact
Section Text

Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.

Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years.

Source Credit

(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 99–646, §43, Nov. 10, 1986, 100 Stat. 3601; Pub. L. 101–647, title XXXV, §3502, Nov. 29, 1990, 104 Stat. 4921; Pub. L. 103–322, title XXXIII, §§330011(h), 330016(2)(A), Sept. 13, 1994, 108 Stat. 2145, 2148.)

Editorial Notes HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., §551 (Mar. 4, 1909, ch. 321, §333, 35 Stat. 1152).

The first paragraph is new. It is based upon authority of Skelly v. United States (C. C. A. Okl. 1935, 76 F. 2d 483, certiorari denied, 1935, 55 S. Ct. 914, 295 U.S. 757, 79 L. Ed. 1699), where the court defined an accessory after the fact as—


one who knowing a felony to have been committed by another, receives, relieves, comforts, or assists the felon in order to hinder the felon's apprehension, trial, or punishment—


and cited Jones' Blackstone, books 3 and 4, page 2204; U.S. v. Hartwell (Fed. Cas. No. 15,318); Albritton v. State (32 Fla. 358, 13 So. 955); State v. Davis (14 R. I. 281); Schleeter v. Commonwealth (218 Ky. 72, 290 S. W. 1075). (See also State v. Potter, 1942, 221 N. C. 153, 19 S. E. 2d 257; Hunter v. State, 1935, 128 Tex. Cr. R. 191, 79 S. W. 2d 855; State v. Wells, 1940, 195 La. 754, 197 So. 419.)

The second paragraph is from section 551 of title 18, U.S.C., 1940 ed. Here only slight changes were made in phraseology.


EDITORIAL NOTES AMENDMENTS

1994—Pub. L. 103–322, §330016(2)(A), inserted "(notwithstanding section 3571)" before "fined not more than one-half" in second par.

Pub. L. 103–322, §330011(h), amended directory language of Pub. L. 101–647, §3502. See 1990 Amendment note below.

1990—Pub. L. 101–647, as amended by Pub. L. 103–322, §330011(h), substituted "15 years" for "ten years" in second par.

1986—Pub. L. 99–646 inserted "life imprisonment or" in second par.


STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 1994 AMENDMENT

Pub. L. 103–322, title XXXIII, §330011(h), Sept. 13, 1994, 108 Stat. 2145, provided that the amendment made by that section is effective as of Nov. 29, 1990.

Publication Title United States Code, 2018 Edition, Supplement 3, Title 18 - CRIMES AND CRIMINAL PROCEDURE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 1 - GENERAL PROVISIONS
Sec. 3 - Accessory after the fact
Contains section 3
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
Statutes at Large References 35 Stat. 1152
62 Stat. 684
100 Stat. 3601
104 Stat. 4921
108 Stat. 2145
Public Law References Public Law 99-646, Public Law 101-647, Public Law 103-322
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