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'."
Transactional Records Access
Clearinghouse, Syracuse University
Copyright 2010