[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1201]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 55--KIDNAPPING
Sec. 1201. Kidnapping
(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 if the person was alive when the
transportation began;
(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 to 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 be subject to
paragraph (2) of this subsection.
(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.
(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.
(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.)
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
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 (S
