18 U.S.C. § 1203 – Hostage taking

18 U.S.C. § 1203 – Hostage Taking

18 U.S.C. § 1203 is a federal law that prohibits hostage taking. This statute makes it a crime to seize, detain, threaten, or harm another person in order to compel a third party to take some action as an explicit or implicit condition for the release of the victim.

Background of the Hostage Taking Act

The federal hostage taking statute was enacted in 1984 as part of the Comprehensive Crime Control Act. It implemented the International Convention Against the Taking of Hostages, which the U.S. had signed in 1979.

The law was intended to establish federal jurisdiction over hostage taking scenarios that occur outside the U.S. or that are designed to compel the U.S. government to act. It filled a gap that had previously existed in federal law regarding international hostage situations.

Key Provisions of 18 U.S.C. § 1203

There are several key elements that constitute a violation of the federal hostage taking law:

• Seizing, detaining, threatening, or harming a person
• In order to compel a third party to do or abstain from doing any act
• As an explicit or implicit condition for the release of the victim
• The act must occur either outside the U.S. or within the U.S. with the purpose of compelling the U.S. government

Attempting or conspiring to take hostages also violates 18 U.S.C. § 1203. The law applies to any perpetrator regardless of nationality, as long as the jurisdictional requirements are met.

Penalties for Violating 18 U.S.C. § 1203

Conviction under the federal hostage taking statute carries severe penalties. The maximum punishment depends on whether the victim dies:

• If victim dies – Death or life imprisonment
• If victim is not released – Up to life imprisonment
• All other cases – Up to 20 years imprisonment

Fines and supervised release may also be imposed. The death penalty can apply if a hostage dies during a hostage taking that was intended to compel the U.S. government.

Federal vs. State Jurisdiction Over Hostage Taking

18 U.S.C. § 1203 is primarily designed to cover international hostage scenarios or those intended to compel the U.S. government. Purely domestic hostage situations with no federal nexus are usually prosecuted under state laws instead.

However, the federal law may still apply concurrently if the hostage taking affects interstate or foreign commerce. Prosecutors have discretion whether to bring federal charges.

Defenses to Federal Hostage Taking Charges

There are some possible defenses that a defendant can raise against charges under 18 U.S.C. § 1203:

• No intent to compel action – The detention was not to compel third party action
• No threat to injure – There was no threat of harm to the victim
• No federal nexus – The act did not occur overseas or target the U.S. government
• Duress – The defendant acted under immediate threat of death or serious injury

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

Conclusion

18 U.S.C. § 1203 makes hostage taking a federal crime in certain circumstances. The severe penalties for violating this law demonstrate how seriously the U.S. takes such acts. Anyone facing charges should immediately consult an attorney to discuss their rights and options.

References:

[1] 18 U.S. Code § 1203 – Hostage taking

[2] International Parental Kidnapping Crime Act (1993)

[3] Hostage: Legal Definition

[4] Hostage Taking and Terrorism: Federal Criminal Law

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