Fugitive Felon Act—18 U.S.C. § 1073

Though drawn as a penal statute, and therefore permitting prosecution by the Federal government for its violation, the primary purpose of the Fugitive Felon Act is to permit the Federal government to assist in the location and apprehension of fugitives from state justice. No prior Criminal Division approval is required to authorize unlawful flight complaints in aid of the states. However, the statute expressly requires "formal approval in writing" by a designated Department official before a UFAP violation can be actually prosecuted in federal court. See

JM 9-69.460

. For information regarding use of a grand jury to locate a fugitive, see

JM 9-11.120

.

Since the primary purpose of the Act is to assist the states in apprehending fugitives from state justice, the Act should not be applied to the interstate or international flight of federal fugitives.

Agents and prosecutors can also contact the Criminal Division’s Office of International Affairs, the Department’s point of contact for securing the return of fugitives overseas, at (202) 514-0000.

See

JM 9-15.000

.

[updated January 2020]