Federal · Title 18 — Crimes and Criminal Procedure

18 U.S.C. § 1073: Flight to avoid prosecution or giving testimony

Felony

What this law says, in plain English

Federal law prohibits traveling across state or international borders to evade prosecution for serious crimes, avoid custody after conviction, or escape giving testimony in felony cases. Violations are punishable by fine and up to five years imprisonment.

Read the full statutory text
Whoever moves or travels in interstate or foreign commerce with intent either (1) to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which he flees, for a crime, or an attempt to commit a crime, punishable by death or which is a felony under the laws of the place from which the fugitive flees, or (2) to avoid giving testimony in any criminal proceedings in such place in which the commission of an offense punishable by death or which is a felony under the laws of such place, is charged, or (3) to avoid service of, or contempt proceedings for alleged disobedience of, lawful process requiring attendance and the giving of testimony or the production of documentary evidence before an agency of a State empowered by the law of such State to conduct investigations of alleged criminal activities, shall be fined under this title or imprisoned not more than five years, or both. For the purposes of clause (3) of this paragraph, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. Violations of this section may be prosecuted only in the Federal judicial district in which the original crime was alleged to have been committed, or in which the person was held in custody or confinement, or in which an avoidance of service of process or a contempt referred to in clause (3) of the first paragraph of this section is alleged to have been committed, and only upon formal approval in writing by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or an Assistant Attorney General of the United States, which function of approving prosecutions may not be delegated. In view of the findings of the Congress and the purposes of sections 6 to 10 of this Act set forth in section 302 [probably means section 7 of Pub. L. 96–611 , set out as a note under section 1738A of Title 28 , Judiciary and Judicial Procedure], the Congress hereby expressly declares its intent that section 1073 of title 18 , United States Code, apply to cases involving parental kidnaping and interstate or international flight to avoid prosecution under applicable State felony statutes. data relating to the number of applications for complaints under section 1073 of title 18 , United States Code in cases involving parental kidnaping; data relating to the number of complaints issued in such cases; and such other information as may assist in describing the activities of the Department of Justice in conformance with such intent.”

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