18 U.S. Code § 1201 - Federal Kidnapping Law
The federal crime of kidnapping is defined under Title 18 U.S. Code 1201 as seizing, transporting, and confining someone against their will. The kidnapping law prohibits various illegal activities, such as abducting or attempting to abduct another person and holding them for ransom, reward, or any other reason.
Kidnapping charges also apply when a minor is involved. A conviction for federal kidnapping carries harsh penalties, including significant jail time, fines, restitution, and parole or probation.
Every state has laws against kidnapping, such as California Penal Code 207 PC kidnapping law. However, sometimes it falls under the jurisdiction of the United States government and becomes a federal crime under 18 U.S. Code 1201, the Federal Kidnapping Act.
Most kidnapping charges are prosecuted under state law in state courts, but kidnapping can be charged as a federal crime under certain situations.
Kidnapping means taking someone away against their will and often involves holding them in false imprisonment or confining the victim. Sometimes, It can include forcing someone into a vehicle and driving them to another location or locking them up in a room to prevent escape.
Under this federal statute, both conspiracy and attempt are considered forms of kidnapping. Suppose two or more people conspire to violate this law. In that case, all perpetrators will be punished as if they had acted alone, but attempted kidnapping has lighter punishments.
The Federal Bureau of Investigation (FBI) is typically the law enforcement agency that handles kidnapping cases. Their main duties include investigating, gathering evidence, and apprehending any person allegedly involved in the federal kidnapping case.
What is the Legal Definition of Kidnapping?
18 U.S. Code 1201 Kidnapping says,
"(a) Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts or carries away and holds for ransom or reward or otherwise any person, except in the case of a minor by the parent thereof, when-
(1) the person is willfully transported in interstate or foreign commerce, regardless of whether the person was alive when transported across a State boundary, or the offender travels in interstate or foreign commerce or uses the mail or any means, facility, or instrumentality of interstate or foreign commerce in committing or in furtherance of the commission of the offense.
(2) any such act against the person is done within the special maritime and territorial jurisdiction of the United States.
(3) any such act against the person is done within the special aircraft jurisdiction of the United States as defined in section 46501 of title 49.
(4) the person is a foreign official, an internationally protected person, or an official guest as those terms are defined in section 1116(b) of this title; or
(5) the person is among those officers and employees described in section 1114 of this title, and any such act against the person is done while the person is engaged in, or on account of, the performance of official duties,
Shall be punished by imprisonment for any term of years or life and, if the death of any person results, shall be punished by death or life imprisonment."
Federal Kidnapping Law - Quick Facts
- If you forcefully take someone away against their will and hold them to get something from them (ransom), you have committed kidnapping.
- Kidnapping is only considered a federal offense under certain circumstances, such as when a victim is transported across state lines in interstate or foreign commerce and not released for at least 24 hours.
- It's unlawful to detain a child outside the country to obstruct the lawful exercise of parental rights.
- If a parent kidnaps their child and takes them across state lines, 18 U.S.C. 1201 exempts them from being charged with a federal crime, but rather, they could be prosecuted under state laws.
- The term "parent" does not include a person whose parental rights with respect to the victim of an offense were terminated by a final court order.
- Jurisdiction might apply to an internationally protected person outside the United States if the victim represents the United States.
What are Related Federal Laws
18 U.S. Code Chapter 55 Kidnapping has several related federal laws, such as the following:
- 18 U.S.C. 1202 - Ransom money
- 18 U.S.C. 1203 - Hostage taking
- 18 U.S.C. 1204 - International parental kidnapping
When Is Kidnapping a Federal Crime?
As noted, most kidnapping cases are state-level crimes, but under 18 U.S.C. 1201, the crime of kidnapping becomes a federal offense in any of the following situations:
- When the offense occurs within the special maritime and territorial jurisdiction of the United States, including maritime boundaries, U.S.-owned vessel or aircraft, any U.S.-controlled lands, and any other territory when the victim is a U.S. national.
- When the victim is transported in interstate or foreign commerce, meaning across state lines or international boundaries.
- If the alleged perpetrator crosses state lines or international boundaries in the commission of the kidnapping crime.
- If the perpetrator uses any instrument of interstate or foreign commerce, such as the United States Mail, in the commission of the kidnapping crime.
- When the offense occurs within the special aircraft jurisdiction of the United States, meaning any U.S. civil or military aircraft or an aircraft landing in the United States.
- If the victim is a foreign official, internationally protected person, official guest of the U.S., or a protected officer or employee of the U.S.
What is the 24-Hour Rule?
Under 18 U.S.C. 1201, there's a special provision known as the 24-Hour Rule. This rule makes kidnapping a federal crime if the victim is not released within 24 hours after being unlawfully seized, confined, inveigled, decoyed, kidnapped, abducted, or carried away.
This provision also works in the opposite direction, meaning if the victim is not released within 24 hours, law enforcement can presume that the victim has been transported across state or international lines.
If the kidnapping lasted past 24 hours and no state or international boundaries were crossed, you would have to dispute this to avoid federal prosecution.
18 U.S.C. 1201(b) says, "…the failure to release the victim within twenty-four hours after they were unlawfully seized, confined, inveigled, decoyed, kidnapped, abducted, or carried away shall create a rebuttable presumption that such person has been transported in interstate or foreign commerce.
Notwithstanding the preceding sentence, the fact that the presumption under this section has not yet taken effect does not preclude a Federal investigation of a possible violation of this section before the 24-hour period has ended."
What Are the Penalties if Convicted?
The penalties for 18 U.S.C. 1201 kidnapping depend on the circumstances of the crime, including the following:
- Sentenced to any number of years up to life imprisonment.
- Up to 20 years in federal prison for attempted kidnapping.
- All conspirators can be sentenced to life in prison If two or more people conspire to commit federal kidnapping and take a direct step to complete the crime.
- the sentence is mandatory life imprisonment or the death penalty.
- If anyone dies due to the kidnapping, the sentence is mandatory life imprisonment or the death penalty.
What Are the Common Defenses?
To convict, the federal prosecutor must prove beyond a reasonable doubt that you seized, confined, abducted, or carried away somebody and either held them for ransom or moved them against their will from one place to another.
One common defense is to argue that there is insufficient evidence to prove the crime's elements beyond a reasonable doubt.
Maybe we can argue there was consent, or it did not rise to a federal-level crime. Perhaps the jurisdictional elements were not met, but you could still gauge state-level kidnapping prosecution.
Perhaps you are the victim of mistaken identity or a false allegation. Perhaps federal law enforcement agents violated your constitutional rights.
If you or a family member is under investigation for a federal kidnapping offense, contact our law firm to review the details and legal options. Negotiation with the federal prosecutor might be possible for a favorable plea bargain. Cron, Israels & Starks is based in Los Angeles, California.
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