18 U.S.C. § 3146 : US Code - Section 3146: Penalty for failure to appear

Search 18 U.S.C. § 3146 : US Code - Section 3146: Penalty for failure to appear

(a) Offense. - Whoever, having been released under this chapter
knowingly -
(1) fails to appear before a court as required by the
conditions of release; or
(2) fails to surrender for service of sentence pursuant to a
court order;
shall be punished as provided in subsection (b) of this section.
(b) Punishment. - (1) The punishment for an offense under this
section is -
(A) if the person was released in connection with a charge of,
or while awaiting sentence, surrender for service of sentence, or
appeal or certiorari after conviction for -
(i) 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;
(ii) 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;
(iii) any other felony, a fine under this title or
imprisonment for not more than two years, or both; or
(iv) a misdemeanor, a fine under this title or imprisonment
for not more than one year, or both; and
(B) 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.
(2) A term of imprisonment imposed under this section shall be
consecutive to the sentence of imprisonment for any other offense.
(c) Affirmative Defense. - 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.
(d) Declaration of Forfeiture. - 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.