NATIONALLY RECOGNIZED FEDERAL LAWYERS
What is Lindbergh Law
|Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 40 years of combined experience handling cases others say were unwinnable. You’ve probably heard about some of our famous cases, like representing Anna Delvey (the Netflix series), handling the Ghislaine Maxwell juror misconduct case, or defending against the Alec Baldwin stalking allegations. If you’re reading this, you’re probably facing serious federal charges – and you need to understand what the Lindbergh Law means for your case.
The Lindbergh Law is the federal kidnapping statute, 18 U.S.C. § 1201. It makes kidnapping a federal crime when certain conditions exist. Congress passed it in 1932 after the kidnapping and murder of aviator Charles Lindbergh’s baby son – one of the most infamous crimes in American history. The law was designed to let federal authorities, like the FBI, step in when state and local police couldn’t effectively pursue kidnappers across state lines.
That’s what this article covers – what triggers federal kidnapping charges under the Lindbergh Law, the penalties you’re facing (including death penalty), when federal jurisdiction kicks in, and the parental exception that confuses many people. This matters because federal kidnapping charges are exponentially more serious than state charges, and the strategies for defending these cases are completely different.
When Does Kidnapping Become Federal
Most kidnapping cases start as state crimes. The Lindbergh Law doesn’t replace state kidnapping laws – it adds federal jurisdiction when specific triggers exist. The most common trigger is interstate commerce. If you cross state lines with the victim, federal prosecutors can charge you under 18 U.S.C. § 1201.
There’s a 24-hour presumption built into the statute. If the victim isn’t released within 24 hours, federal law presumes the kidnapping involved interstate or foreign commerce. That presumption is rebuttable – meaning you can challenge it with evidence – but it gives the FBI immediate authority to investigate before waiting for proof that state lines were actually crossed.
Federal jurisdiction also exists when the victim is a federal official, an internationally protected person, a foreign official, or when the kidnapping occurs in special maritime or territorial jurisdiction. These cases don’t require crossing state lines. If you kidnap a federal judge, a foreign diplomat, or someone on a military base, it’s automatically federal.
The FBI doesn’t wait 24 hours to investigate. The DOJ’s own guidance makes clear that federal agents can start investigating immediately, even before the presumption takes effect. Once federal authorities are involved, they typically take over the case completely.
Penalties Under the Lindbergh Law
Federal kidnapping carries a sentence of any term of years up to life imprisonment. That’s the baseline – there’s no mandatory minimum for basic kidnapping under Section 1201(a), though judges typically impose lengthy sentences even in cases without aggravating factors.
If the victim dies, the penalties escalate dramatically. The statute authorizes either life imprisonment or the death penalty when “the death of any person” results from the kidnapping. The person who dies doesn’t have to be the victim – if anyone dies as a result of the kidnapping, including bystanders or even co-conspirators, death penalty prosecution becomes possible.
When the victim is under 18 and the defendant isn’t a parent, grandparent, brother, sister, aunt, uncle, or individual having legal custody, the law requires a mandatory minimum sentence of 20 years. That’s under subsection (g), added to protect children from non-family abductors. Twenty years minimum – no exceptions, no safety valve, no departures below that floor.
Conspiracy to kidnap carries the same penalties as completed kidnapping – any term of years or life. Attempted kidnapping has a 20-year maximum.
The Parental Exception That Isn’t Simple
Section 1201(a) includes language stating it doesn’t apply to parents who take their own minor children. This parental exception exists because Congress didn’t intend the Lindbergh Law to criminalize custody disputes between parents. Taking your own child – even across state lines in violation of a custody order – typically isn’t federal kidnapping.
The exception has limits. If your parental rights have been terminated by court order, you’re no longer considered a “parent” under the statute. If there’s a valid custody order and you violate it, you might face state charges for custodial interference or parental kidnapping under state law, but usually not federal charges under the Lindbergh Law.
However – and this is critical – if you take your child for ransom, or if you take your child and harm them, the parental exception doesn’t protect you. The exception was designed for custody disputes, not for parents who endanger their children or demand money for their return. Federal prosecutors will charge parents under Section 1201 when the conduct goes beyond a custody dispute and involves actual criminal intent to harm or extort.
Recent Federal Kidnapping Enforcement
Federal kidnapping prosecutions still happen regularly in 2025. A recent Tenth Circuit case, United States v. Murphy, 100 F.4th 1184 (10th Cir. 2024), clarified that Section 1201 requires an “appreciable period of detention” – not just momentary movement of the victim. Murphy was convicted of murder-related kidnapping after pulling a victim from his vehicle, assaulting him, and dragging him to a ditch where he died. The court upheld the conviction but emphasized that brief movement without meaningful detention doesn’t satisfy the statute’s “hold” requirement.
That case matters because defense attorneys can challenge kidnapping charges when the detention was minimal. If prosecutors charge you with kidnapping but the facts show only brief, incidental movement of the victim during another crime, there may be viable arguments that Section 1201 doesn’t apply.
Federal prosecutors also use the Lindbergh Law in human trafficking cases, ransom kidnappings, carjackings that involve extended detention of victims, and domestic violence situations where the defendant transports the victim across state lines. The law isn’t limited to “classic” stranger-abduction scenarios – it applies to any unlawful confinement or transportation that meets the jurisdictional requirements.
Why Federal Kidnapping Charges Change Everything
When your case goes federal, you’re facing the full resources of the United States government – FBI agents, federal prosecutors with unlimited budgets, and federal judges who impose sentences under the Guidelines. State plea deals disappear. State sentencing caps don’t apply. Federal mandatory minimums and sentencing enhancements stack in ways that state laws don’t.
At Spodek Law Group, we’ve defended clients facing federal violent crime charges – including kidnapping allegations – and we understand how different federal cases are from state cases. Our team includes attorneys who’ve handled high-profile federal prosecutions and know how federal prosecutors build these cases. If you’re under investigation or already charged with federal kidnapping, you need a defense team that has experience in federal court and understands the nuances of the Lindbergh Law.
Federal kidnapping cases don’t resolve themselves. The government doesn’t drop these charges easily. You need experienced federal criminal defense attorneys who can challenge the jurisdictional basis for federal prosecution, contest the facts supporting the kidnapping charge, and fight for the best possible outcome whether that’s dismissal, acquittal, or a sentence below the Guidelines range. Our firm is available 24/7 because we know federal arrests happen at any time, and early intervention makes a massive difference in these cases.