---
kind: "section"
citation: "18 U.S.C. § 4083"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "4083"
heading: "Penitentiary imprisonment; consent"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/18/4083"
units:
  - "Part III — Prisons and Prisoners"
  - "Chapter 305 — Commitment and Transfer"
---

# §4083. Penitentiary imprisonment; consent


Persons convicted of offenses against the United States or by courts-martial punishable by [imprisonment](/usc/18/4101.md?p=b) for more than one year may be confined in any United States penitentiary.

A [sentence](/usc/18/4101.md?p=h) for an offense punishable by [imprisonment](/usc/18/4101.md?p=b) 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.)

## Notes

### Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 753f, 762 (Mar. 2, 1895, ch. 189, § 1, 28 Stat. 957; June 10, 1896, ch. 400, § 1, 29 Stat. 380; May 14, 1930, ch. 274, § 7, 46 Stat. 326; June 14, 1941, ch. 204, 55 Stat. 252; Oct. 21, 1941, ch. 453, 55 Stat. 743).

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 section 1 of this title classifying offenses and notes thereunder.)

The second paragraph is derived from said section 753f of title 18, U.S.C., 1940 ed.

Minor changes of phraseology were made.

### Editorial Notes

### Amendments

1959—Pub. L. 86–256 substituted “punishable by imprisonment for” for “and sentenced to terms of imprisonment of” in first sentence.