Federal · Title 18 — Crimes and Criminal Procedure

18 U.S.C. § 3146: Penalty for failure to appear

Felony

What this law says, in plain English

Failing to appear in court or surrender for sentence is a criminal offense. Penalties vary based on the severity of the underlying offense, ranging up to ten years imprisonment.

Read the full statutory text
fails to appear before a court as required by the conditions of release; or fails to surrender for service of sentence pursuant to a court order; an offense punishable by death, life imprisonment, or imprisonment for a term of 15 years or more, a fine under this title or imprisonment for not more than ten years, or both; an offense punishable by imprisonment for a term of five years or more, a fine under this title or imprisonment for not more than five years, or both; any other felony, a fine under this title or imprisonment for not more than two years, or both; or a misdemeanor, a fine under this title or imprisonment for not more than one year, or both; and if the person was released for appearance as a material witness, a fine under this chapter or imprisonment for not more than one year, or both. A term of imprisonment imposed under this section shall be consecutive to the sentence of imprisonment for any other offense. It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to appear or surrender, and that the person appeared or surrendered as soon as such circumstances ceased to exist. If a person fails to appear before a court as required, and the person executed an appearance bond pursuant to section 3142(b) of this title or is subject to the release condition set forth in clause (xi) or (xii) of section 3142(c)(1)(B) of this title , the judicial officer may, regardless of whether the person has been charged with an offense under this section, declare any property designated pursuant to that section to be forfeited to the United States.

Verify at the official source: Federal legislative text

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.