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8.105 Harboring or Concealing Person From Arrest

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8.105 HARBORING OR CONCEALING PERSON FROM ARREST (18 U.S.C. § 1071)

The defendant is charged in [Count _______ of] the indictment with [harboring] [concealing] a person from arrest in violation of Section 1071 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

First, a federal warrant had been issued for the arrest of [name of person];

Second, the defendant knew that a warrant had been issued for the arrest of [name of person];

Third, the defendant knowingly [harbored] [concealed] [name of person]; and

Fourth, the defendant intended to prevent the discovery or arrest of [name of person].

Comment

A violation of 18 U.S.C. § 1071 requires proof of four elements. United States v. Hill, 279 F.3d 731, 737 (9th Cir.2002) (setting forth the four elements listed in the above instruction). Any "physical act of providing assistance, including food, shelter, and other assistance to aid a fugitive in avoiding detection and apprehension is harboring." Hill at 738 (paying money to a fugitive so that he may shelter, feed or hide himself is not harboring; providing shelter, food or aid directly is harboring).

 A wife may be convicted of harboring her fugitive husband even if the harboring occurs outside the United States (i.e., Mexico). Hill, 279 F.3d at 733.