§ 1204. — International parental kidnapping.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1204]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 55--KIDNAPPING
Sec. 1204. International parental kidnapping
(a) Whoever removes a child from the United States or retains a
child (who has been in the United States) outside the United States with
intent to obstruct the lawful exercise of parental rights shall be fined
under this title or imprisoned not more than 3 years, or both.
(b) As used in this section--
(1) the term ``child'' means a person who has not attained the
age of 16 years; and
(2) the term ``parental rights'', with respect to a child, means
the right to physical custody of the child--
(A) whether joint or sole (and includes visiting rights);
and
(B) whether arising by operation of law, court order, or
legally binding agreement of the parties.
(c) It shall be an affirmative defense under this section that--
(1) the defendant acted within the provisions of a valid court
order granting the defendant legal custody or visitation rights and
that order was obtained pursuant to the Uniform Child Custody
Jurisdiction Act and was in effect at the time of the offense;
(2) the defendant was fleeing an incidence or pattern of
domestic violence;
(3) the defendant had physical custody of the child pursuant to
a court order granting legal custody or visitation rights and failed
to return the child as a result of circumstances beyond the
defendant's control, and the defendant notified or made reasonable
attempts to notify the other parent or lawful custodian of the child
of such circumstances within 24 hours after the visitation period
had expired and returned the child as soon as possible.
(d) This section does not detract from The Hague Convention on the
Civil Aspects of International Parental Child Abduction, done at The
Hague on October 25, 1980.
(Added Pub. L. 103-173, Sec. 2(a), Dec. 2, 1993, 107 Stat. 1998.)
Sense of Congress Regarding Use of Procedures Under The Hague Convention
on the Civil Aspects of International Parental Child Abduction
Section 2(b) of Pub. L. 103-173 provided that: ``It is the sense of
the Congress that, inasmuch as use of the procedures under the Hague
Convention on the Civil Aspects of International Parental Child
Abduction has resulted in the return of many children, those procedures,
in circumstances in which they are applicable, should be the option of
first choice for a parent who seeks the return of a child who has been
removed from the parent.''
