18 USC § 4083 - Penitentiary imprisonment; consent

---
identifier: "/us/usc/t18/s4083"
source: "usc"
legal_status: "official_legal_evidence"
title: "18 USC § 4083 - Penitentiary imprisonment; consent"
title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
section_number: "4083"
section_name: "Penitentiary imprisonment; consent"
chapter_number: 305
chapter_name: "COMMITMENT AND TRANSFER"
part_number: "III"
part_name: "PRISONS AND PRISONERS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 25, 1948, ch. 645, 62 Stat. 850; Pub. L. 86–256, Sept. 14, 1959, 73 Stat. 518.)"
---


# § 4083. Penitentiary imprisonment; consent

Persons convicted of offenses against the United States or by courts-martial punishable by imprisonment for more than one year may be confined in any United States penitentiary.

A sentence for an offense punishable by imprisonment for one year or less shall not be served in a penitentiary without the consent of the defendant.

---

**Source Credit**: (June 25, 1948, ch. 645, 62 Stat. 850; Pub. L. 86–256, Sept. 14, 1959, 73 Stat. 518.)

### Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 753f, 762 (, ; , ; , ; , ; , ).

Said section 762 was condensed and simplified and extended to all penitentiaries instead of to Leavenworth only, since the section is merely declaratory of existing law. (See  classifying offenses and notes thereunder.)

The second paragraph is derived from said , U.S.C., 1940 ed.

Minor changes of phraseology were made.

## Editorial Notes

### Amendments

1959— substituted “punishable by imprisonment for” for “and sentenced to terms of imprisonment of” in first sentence.