Statute
18 USC 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. –
The punishment for an offense under this section is:
18 USC 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. –
The punishment for an offense under this section is:
- 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 -
- 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.
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.
Jury Instruction
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:
That the Defendant had been admitted to bail pursuant to an order of a Judge or Magistrate Judge of this Court, as charged;
That the Defendant thereafter knowingly {failed to appear before a Judge or Magistrate Judge of this Court as required} {failed to surrender for service of sentence pursuant to a Court order}; and
That the offense charged in the case in which the Defendant had been released on bail was punishable by a term of {state maximum punishment applicable to the charged offense}.
It is an affirmative defense to a prosecution for failure to appear or “bail jumping”—and the Defendant would not be found guilty—if (a) uncontrollable circumstances prevented the Defendant from appearing; (b) the Defendant did not himself or herself contribute to the creation of such circumstances in reckless disregard of the requirement to appear; and (c) the Defendant then appeared as soon as such circumstances ceased to exist.
