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8.106 Harboring or Concealing Escaped Prisoner

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8.106 HARBORING OR CONCEALING ESCAPED PRISONER (18 U.S.C. § 1072)

The defendant is charged in [Count _______ of] the indictment with [harboring] [concealing] an escaped prisoner in violation of Section 1072 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, [name of prisoner] escaped from [the custody of [e.g., a Deputy U.S. Marshal]] [a federal penal or correctional institution]; and

Second, the defendant thereafter knowingly [[harbored] [concealed]] [name of prisoner].

Comment

A defendant is in "federal custody" for the purposes of this statute if he or she is confined under the authority of the Attorney General. It does not matter that the prisoner is not physically confined in a federal institution, nor that actual federal officials supervise custody. United States v. Eaglin,571 F.2d 1069, 1072-73 (9th Cir.1977). As to the issue of whether walking away from a half-way house is an escape, see United States v. Jones, 569 F.2d. 499, 500 (9th Cir.1978) ("A federal prisoner participating in a pre-release or half-way house program by designation of the Attorney General commits an escape when he willfully violates the terms of his extended confinement.").

Any "physical act of providing assistance, including food, shelter, and other assistance to aid a fugitive in avoiding detection and apprehension is harboring." United States v. Hill, 279 F.3d 731, 738 (9th Cir.2002)(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).