All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
11 Prosecutions
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110 Prosecutions
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5 Convictions
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57 Convictions
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CITE

    18 USC Sec. 1201                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 55 - KIDNAPPING

HEAD

    Sec. 1201. Kidnapping

STATUTE

      (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 for life
    and, if the death of any person results, shall be punished by death
    or life imprisonment.
      (b) With respect to subsection (a)(1), above, the failure to
    release the victim within twenty-four hours after he shall have
    been 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.
      (c) If two or more persons conspire to violate this section and
    one or more of such persons do any overt act to effect the object
    of the conspiracy, each shall be punished by imprisonment for any
    term of years or for life.
      (d) Whoever attempts to violate subsection (a) shall be punished
    by imprisonment for not more than twenty years.
      (e) If the victim of an offense under subsection (a) is an
    internationally protected person outside the United States, the
    United States may exercise jurisdiction over the offense if (1) the
    victim is a representative, officer, employee, or agent of the
    United States, (2) an offender is a national of the United States,
    or (3) an offender is afterwards found in the United States. As
    used in this subsection, the United States includes all areas under
    the jurisdiction of the United States including any of the places
    within the provisions of sections 5 and 7 of this title and section
    46501(2) of title 49. For purposes of this subsection, the term
    "national of the United States" has the meaning prescribed in
    section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
    1101(a)(22)).
      (f) In the course of enforcement of subsection (a)(4) and any
    other sections prohibiting a conspiracy or attempt to violate
    subsection (a)(4), the Attorney General may request assistance from
    any Federal, State, or local agency, including the Army, Navy, and
    Air Force, any statute, rule, or regulation to the contrary
    notwithstanding.
      (g) Special Rule for Certain Offenses Involving Children. -
        (1) To whom applicable. - If -
          (A) the victim of an offense under this section has not
        attained the age of eighteen years; and
          (B) the offender -
            (i) has attained such age; and
            (ii) is not -
              (I) a parent;
              (II) a grandparent;
              (III) a brother;
              (IV) a sister;
              (V) an aunt;
              (VI) an uncle; or
              (VII) an individual having legal custody of the victim;
      the sentence under this section for such offense shall include
      imprisonment for not less than 20 years.
        [(2) Repealed. Pub. L. 108-21, title I, Sec. 104(b), Apr. 30,
      2003, 117 Stat. 653.]
      (h) As used in this section, the term "parent" does not include a
    person whose parental rights with respect to the victim of an
    offense under this section have been terminated by a final court
    order.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 760; Aug. 6, 1956, ch. 971, 70
    Stat. 1043; Pub. L. 92-539, title II, Sec. 201, Oct. 24, 1972, 86
    Stat. 1072; Pub. L. 94-467, Sec. 4, Oct. 8, 1976, 90 Stat. 1998;
    Pub. L. 95-163, Sec. 17(b)(1), Nov. 9, 1977, 91 Stat. 1286; Pub. L.
    95-504, Sec. 2(b), Oct. 24, 1978, 92 Stat. 1705; Pub. L. 98-473,
    title II, Sec. 1007, Oct. 12, 1984, 98 Stat. 2139; Pub. L. 99-646,
    Secs. 36, 37(b), Nov. 10, 1986, 100 Stat. 3599; Pub. L. 101-647,
    title IV, Sec. 401, title XXXV, Sec. 3538, Nov. 29, 1990, 104 Stat.
    4819, 4925; Pub. L. 103-272, Sec. 5(e)(2), (8), July 5, 1994, 108
    Stat. 1373, 1374; Pub. L. 103-322, title VI, Sec. 60003(a)(6),
    title XXXII, Secs. 320903(b), 320924, title XXXIII, Sec. 330021,
    Sept. 13, 1994, 108 Stat. 1969, 2124, 2131, 2150; Pub. L. 104-132,
    title VII, Sec. 721(f), Apr. 24, 1996, 110 Stat. 1299; Pub. L. 105-
    314, title VII, Sec. 702, Oct. 30, 1998, 112 Stat. 2987; Pub. L.
    108-21, title I, Sec. 104(b), Apr. 30, 2003, 117 Stat. 653; Pub. L.
    109-248, title II, Sec. 213, July 27, 2006, 120 Stat. 616.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Secs. 408a, 408c (June 22,
    1932, ch. 271, Secs. 1, 3, 47 Stat. 326; May 18, 1934, ch. 301, 48
    Stat. 781, 782).
      Section consolidates sections 408a and 408c of title 18 U.S.C.,
    1940 ed.
      Reference to persons aiding, abetting or causing was omitted as
    unnecessary because such persons are made principals by section 22
    of this title.
      Words "upon conviction" were omitted as surplusage, because
    punishment cannot be imposed until a conviction is secured.
      Direction as to confinement "in the penitentiary" was omitted
    because of section 4082 of this title which commits all prisoners
    to the custody of the Attorney General. (See reviser's note under
    section 1 of this title.)
      The phrase "for any term of years or for life" was substituted
    for the words "for such term of years as the court in its
    discretion shall determine" which appeared in said section 408a of
    Title 18, U.S.C., 1940 ed. This change was made in order to remove
    all doubt as to whether "term of years" includes life imprisonment.
      Minor changes were made in phraseology.
                                AMENDMENTS
      2006 - Subsec. (a)(1). Pub. L. 109-248, Sec. 213(1), substituted
    ", 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" for "if the person was alive when
    the transportation began".
      Subsec. (b). Pub. L. 109-248, Sec. 213(2), substituted "in
    interstate" for "to interstate".
      2003 - Subsec. (g). Pub. L. 108-21 substituted "shall include
    imprisonment for not less than 20 years." for "shall be subject to
    paragraph (2) of this subsection." in concluding provisions of par.
    (1) and struck out par. (2) which read as follows:
      "(2) Guidelines. - The United States Sentencing Commission is
    directed to amend the existing guidelines for the offense of
    'kidnapping, abduction, or unlawful restraint,' by including the
    following additional specific offense characteristics: If the
    victim was intentionally maltreated (i.e., denied either food or
    medical care) to a life-threatening degree, increase by 4 levels;
    if the victim was sexually exploited (i.e., abused, used
    involuntarily for pornographic purposes) increase by 3 levels; if
    the victim was placed in the care or custody of another person who
    does not have a legal right to such care or custody of the child
    either in exchange for money or other consideration, increase by 3
    levels; if the defendant allowed the child to be subjected to any
    of the conduct specified in this section by another person, then
    increase by 2 levels."
      1998 - Subsec. (a)(1). Pub. L. 105-314, Sec. 702(a), inserted ",
    regardless of whether the person was alive when transported across
    a State boundary if the person was alive when the transportation
    began" before semicolon at end.
      Subsec. (a)(5). Pub. L. 105-314, Sec. 702(b), substituted
    "described" for "designated".
      Subsec. (b). Pub. L. 105-314, Sec. 702(c), inserted at end
    "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."
      1996 - Subsec. (e). Pub. L. 104-132 substituted "If the victim of
    an offense under subsection (a) is an internationally protected
    person outside the United States, the United States may exercise
    jurisdiction over the offense if (1) the victim is a
    representative, officer, employee, or agent of the United States,
    (2) an offender is a national of the United States, or (3) an
    offender is afterwards found in the United States." for "If the
    victim of an offense under subsection (a) is an internationally
    protected person, the United States may exercise jurisdiction over
    the offense if the alleged offender is present within the United
    States, irrespective of the place where the offense was committed
    or the nationality of the victim or the alleged offender." and
    inserted at end "For purposes of this subsection, the term
    'national of the United States' has the meaning prescribed in
    section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
    1101(a)(22))."
      1994 - Pub. L. 103-322, Sec. 330021(1), which directed the
    amendment of this title "by striking 'kidnaping' each place it
    appears and inserting 'kidnapping' ", was executed by substituting
    "Kidnapping" for "Kidnaping" as section catchline, to reflect the
    probable intent of Congress.
      Subsec. (a). Pub. L. 103-322, Sec. 60003(a)(6), in concluding
    provisions, inserted "and, if the death of any person results,
    shall be punished by death or life imprisonment" after "or for
    life".
      Subsec. (a)(3). Pub. L. 103-272, Sec. 5(e)(8), substituted
    "section 46501 of title 49" for "section 101(38) of the Federal
    Aviation Act of 1958".
      Subsec. (b). Pub. L. 103-322, Sec. 330021(2), substituted
    "kidnapped" for "kidnaped".
      Subsec. (d). Pub. L. 103-322, Sec. 320903(b), substituted "(a)"
    for "(a)(4) or (a)(5)".
      Subsec. (e). Pub. L. 103-272, Sec. 5(e)(2), substituted "section
    46501(2) of title 49" for "section 101(38) of the Federal Aviation
    Act of 1958, as amended (49 U.S.C. 1301(38))".
      Subsec. (h). Pub. L. 103-322, Sec. 320924, added subsec. (h).
      1990 - Subsec. (a)(3). Pub. L. 101-647, Sec. 3538, substituted
    "101(38)" for "101(36)" and struck out ", as amended (49 U.S.C.
    1301(36))" after "Federal Aviation Act of 1958".
      Subsec. (g). Pub. L. 101-647, Sec. 401, added subsec. (g).
      1986 - Subsec. (a). Pub. L. 99-646, Sec. 36, substituted "when -
    " for "when:" in introductory text, substituted "the person" for
    "The person" and "official duties" for "his official duties" in
    par. (5), and aligned the margin of par. (5) with the margins of
    pars. (1) to (4).
      Subsec. (d). Pub. L. 99-646, Sec. 37(b), inserted "or (a)(5)"
    after "subsection (a)(4)".
      1984 - Subsec. (a)(5). Pub. L. 98-473 added par. (5).
      1978 - Subsec. (a)(3). Pub. L. 95-504 substituted reference to
    section 101(36) of the Federal Aviation Act of 1958 for reference
    to section 101(33) of such Act. See References in Text note above.
      Subsec. (e). Pub. L. 95-504 substituted reference to section
    101(38) of the Federal Aviation Act of 1958 for section 101(35) of
    such Act.
      1977 - Subsec. (a)(3). Pub. L. 95-163 substituted reference to
    section 101(33) of the Federal Aviation Act of 1958 for reference
    to section 101(32) of such Act. See References in Text note above.
      Subsec. (e). Pub. L. 95-163 substituted reference to section
    101(35) of the Federal Aviation Act of 1958 for reference to
    section 101(34) of such Act.
      1976 - Subsec. (a)(4). Pub. L. 94-467, Sec. 4(a), substituted
    provision which includes acts committed against an internationally
    protected person and an official guest as defined in section
    1116(b) of this title for provision which included acts committed
    against an official guest as defined in section 1116(c) of this
    title.
      Subsecs. (d) to (f). Pub. L. 94-467, Sec. 4(b), added subsecs.
    (d) to (f).
      1972 - Subsec. (a). Pub. L. 92-539 substituted "Kidnaping" for
    "Transportation" in section catchline and, in subsec. (a), extended
    the jurisdictional base to include acts committed within the
    special maritime, territorial, and aircraft jurisdiction of the
    United States, and to include acts committed against foreign
    officials and official guests, and struck out provisions relating
    to death penalty.
      Subsec. (b). Pub. L. 92-539 inserted reference to subsec. (a)(1).
      Subsec. (c). Pub. L. 92-539 substituted "by imprisonment for any
    term of years or for life" for "as provided in subsection (a)".
      1956 - Subsec. (b). Act Aug. 6, 1956, substituted "twenty-four
    hours" for "seven days".
                       SHORT TITLE OF 1993 AMENDMENT
      Pub. L. 103-173, Sec. 1, Dec. 2, 1993, 107 Stat. 1998, provided
    that: "This Act [enacting section 1204 of this title and provisions
    set out as a note under section 1204 of this title] may be cited as
    the 'International Parental Kidnapping Crime Act of 1993'."
                       SHORT TITLE OF 1984 AMENDMENT
      Section 2001 of part A (Secs. 2001-2003) of chapter XX of title
    II of Pub. L. 98-473 provided that: "This part [enacting section
    1203 of this title and provisions set out as a note under section
    1203 of this title] may be cited as the 'Act for the Prevention and
    Punishment of the Crime of Hostage-Taking'."
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