What Is Harboring a Fugitive and What Are the Penalties and Jail Time for It?

Harboring a fugitive is a serious crime that exacerbates an already difficult situation. At a glance, this offense sounds like a small matter limited to providing a friend, family member, or loved one with a place to stay.

While harboring a fugitive is a crime in itself, offenders may also face increased consequences depending on the fugitive's original crime. Potential punishments include jail time or substantial fees.

Many people may find it difficult to deny someone a safe space in their time of need. Understanding the elements of this crime allows people to recognize when it is acceptable to house a potential criminal.

What Is Harboring a Fugitive?

Harboring a fugitive is the act of knowingly sheltering, assisting, or concealing a person who is wanted by law enforcement. Media portrayals often depict this offense as a hard choice made by emotionally compromised people like parents or intimate partners.

The term "harboring" can be misleading as this offense does not start and end with letting a fugitive into your home. Actions like providing money for a hotel room or transportation out of town can be counted as harboring a fugitive.

Some states will charge someone with "harboring" if they tip off the target to approaching law enforcement or discovery.

What Is a Fugitive?

A fugitive from justice is an individual who is actively evading arrest or court orders to testify in a criminal proceeding. Fugitives must have an active warrant. The term does not apply to individuals merely under suspicion of a crime.

Depending on the type of offense, fugitives can be wanted by local, state, or federal agencies. They often cross state lines to escape, complicating arrest warrants.

In these cases, a judge issues a fugitive warrant, which allows another state's local authorities to arrest and extradite the individual back to the jurisdiction of the original warrant.

Is Harboring a Fugitive a Felony?

Yes, harboring a fugitive is generally considered a felony under 18 U.S.C. § 1071. However, there are limitations to the potential punishments, depending on the circumstances of the warrant and the fugitive's crimes.

For example, harboring a misdemeanant leads to a lighter punishment than harboring a fugitive. Rulings also change whether the fugitive is already convicted of the charge or is running from the initial warrant.

The status for harboring is not similar to aiding and abetting, which levies punishments based on the aided crimes. Harboring invokes a felony charge regardless of whether the harbored party was convicted of a misdemeanor or a felony.

Some states, like Florida, provide leniency for people harboring their family members. These laws account for the moral obligation these people feel toward loved ones, treating it as a form of coercion.

What Are the Charges and Penalties for Harboring a Fugitive?

Even if the individual did not participate in the fugitive's crimes, they are still responsible for hindering apprehension or prosecution. This type of interference makes it much more challenging for the justice system to operate and endangers the general public.

Federal and state laws set severe repercussions to deter this type of behavior. Potential punishments include jail time, hefty fines, or both.

How Much Jail Time Can You Get for Harboring a Fugitive?

Harboring a fugitive has lenient consequences despite its status as a felony. In most states, harboring a misdemeanant leads to imprisonment of no longer than one year, which is significantly shorter than the typical two-year minimum for felony charges.

However, this leniency does not apply if the fugitive has already been convicted for a misdemeanor or has an arrest warrant for a felony. In these cases, harboring can result in a maximum jail time of up to five years and increased fines.

There are also a few other harboring situations related to terrorists and escaped convicts that invoke much harsher penalties. Harboring or concealing a prisoner who has escaped custody can result in a maximum prison sentence of three years.

Terrorism is a sensitive subject, and any involvement with the practice leads to accordingly harsh punishments. Anyone who harbors a person they know or suspects of engaging in terrorism can be imprisoned for a maximum of ten years.

Can You Be Charged for Unknowingly Harboring a Fugitive?

No, individuals cannot be charged with harboring a fugitive if they are unaware of the fugitive's status. This worry is common since fugitives often don't disclose their legal troubles when asking for help.

Fugitives frequently ask friends or family members if they can stay a few nights or borrow a vehicle. They might make up a believable lie about how they're going through relationship problems or had their car towed.

Individuals are not responsible if they are tricked into harboring a fugitive. However, there are various caveats to this protection.

The most crucial detail is that the individual must have never learned about the warrant while providing aid. In most cases, this means they did not converse with law enforcement or search for the fugitive's status on the internet.

What Are the Defenses Against a Charge of Harboring a Fugitive?

Learning a fugitive has tricked you is a stressful situation. If you're worried about getting roped into another person's crime, there are several acceptable defenses that could help prove your innocence.

Some of the most common defenses against harboring charges include:

• Coercion or Duress: The accused harborer can claim they were forced into providing aid through a threat of violence or other manipulation.
• Lack of Knowledge: Individuals cannot unknowingly harbor a fugitive. As a criminal charge, harboring accusations must be proven beyond a reasonable doubt. Victims can explain they had no reason to suspect they were helping a fugitive.
• Withdrawn Support: Kicking out the fugitive or other signs of withdrawing support show a change in attitude. This behavior indicates the harborer did not initially know the fugitive's circumstances and actively distanced themselves afterward.

The success of these defenses depends on the specific facts of the case and the quality of legal representation. It is recommended to consult a criminal defense attorney if you've unknowingly assisted a fugitive.

Legal Assistance

It is crucial to seek legal advice when facing charges of harboring a fugitive. Most people feel overwhelmed or betrayed, which can cause them to make poor decisions or misrepresent the situation when questioned.

It's also normal to feel the urge to protect a close friend or loved one by withholding information from law enforcement. The responsibility to report on a fugitive is a legal gray area that varies based on the situation. Attorneys can advise victims on the extent to which they must cooperate with the investigation.

Legal representation can review the timeline of events, point out potentially incriminating events, and explain realistic defenses. They are a victim's best defense in ensuring evidence is appropriately presented, and your rights are protected throughout the legal process.

Harboring a fugitive is a serious felony charge with life-altering repercussions. Potential imprisonment periods can range from maximums of one to ten years, depending on the aided fugitive's situation.

Understanding the legal implications and available defenses is crucial if you've unwittingly harbored a fugitive. This knowledge will help victims maintain rationality and explain the situation to legal professionals.