18 U.S.C. § 1201 – Kidnapping

18 U.S.C. § 1201 – Kidnapping

18 U.S.C. § 1201 is the federal kidnapping statute that makes it a crime to unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carry away and hold another person for ransom, reward or otherwise. This law establishes federal jurisdiction over kidnapping offenses that involve interstate travel or foreign commerce.

Background of Federal Kidnapping Laws

The federal kidnapping statute was originally enacted in 1932 as the Federal Kidnapping Act, also known as the Lindbergh Law. It was passed in response to the infamous kidnapping of the infant son of aviator Charles Lindbergh.

The law has been amended several times over the years, including in 2006 to add provisions relating to sex offenders and expand federal jurisdiction. The current version of 18 U.S.C. § 1201 took effect in 1994.

Key Provisions of 18 U.S.C. § 1201

There are several key elements required for a kidnapping offense under federal law:

• Unlawful seizure, confinement, inveigling, decoying, kidnapping, abducting or carrying away of a person
• Holding the victim for ransom, reward or otherwise
• The act must involve interstate travel, foreign commerce, or occur outside the U.S.

Attempting or conspiring to commit kidnapping also violates 18 U.S.C. § 1201. The law applies regardless of whether the victim is released unharmed.

Penalties for Federal Kidnapping

Kidnapping under federal law carries severe penalties. The maximum sentence depends on circumstances such as whether the victim was released unharmed:

• Released unharmed – Up to 20 years imprisonment
• Not released – Up to life imprisonment
• Death of victim – Mandatory life imprisonment or death

Fines, restitution, probation, and supervised release may also be imposed. The potential punishment increases if the victim is under 18 or a federal officer.

Federal vs. State Kidnapping Laws

States also have their own kidnapping statutes. The federal law applies when kidnapping involves:

• Transporting the victim across state or national borders
• Travel in foreign commerce, such as overseas
• Ransom or benefit from a third party

Prosecutors have discretion whether to bring federal or state charges when both may apply.

Defenses to Federal Kidnapping Charges

There are some possible defenses that a defendant can raise against federal kidnapping charges:

• No unlawful act – The alleged victim consented
• No holding – The victim was not detained against their will
• No interstate nexus – The act did not cross state or national borders
• Duress – The defendant acted under threat of immediate harm

An experienced federal criminal defense attorney can evaluate the evidence and determine if any viable defenses may apply in a particular kidnapping case.

Conclusion

18 U.S.C. § 1201 establishes federal jurisdiction over kidnappings that involve interstate or foreign travel. The severe penalties for violating this law demonstrate how seriously the crime is taken. Anyone facing federal kidnapping charges should immediately consult an attorney to protect their rights.

References:

[1] 18 U.S. Code § 1201 – Kidnapping

[2] International Parental Kidnapping Crime Act (1993)

[3] Kidnapping | Wex | US Law | LII / Legal Information Institute

[4] Hostage Taking and Terrorism: Federal Criminal Law

[5] Analysis of Legal Issues Pertaining to Hostage Taking and Kidnapping