Kidnapping
Statute
18 USC 1201. Kidnapping
- 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 -
- 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;
- any such act against the person is done within the special maritime and territorial jurisdiction of the
United States;
- 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;
- 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
- 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.
- 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.
- 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.
- Whoever attempts to violate subsection (a) shall be punished by imprisonment for not more than twenty years.
- 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)).
- 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.
- Special Rule for Certain Offenses Involving Children. -
(1) To whom applicable. - If -
- the victim of an offense under this section has not attained the age of eighteen years; and
- the offender -
- has attained such age; and
- is not -
- a parent;
- a grandparent;
- a brother;
- a sister;
- an aunt;
- an uncle; or
- 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.
- 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.
Jury Instruction
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:
- That the Defendant knowingly and willfully kidnapped, seized, confined, inveigled, decoyed, abducted or carried away the person described in the indictment, as charged;
- That the Defendant held such person for random or reward or other benefit which the Defendant intended to derive from the kidnapping; and
- That such person was thereafter transported in interstate commerce while so kidnapped, seized, confined, inveigled, decoyed, abducted or carried away.
To “kidnap” a person means to forcibly and unlawfully hold, keep, detain, and confine a person against his or her will. So, involuntariness or coercion in connection with the victim’s detention is an essential part of the offense.
To “inveigle” a person means to lure, or entice, or lead the person astray by false representation or promises, or other deceitful means.
It need not be proved, however, that a kidnapping was carried out for ransom or personal monetary gain so long as it is proved that the Defendant acted willfully, intending to gain some benefit from the kidnapping.
“Interstate commerce” means commerce or travel between one state and another state. A person is transported in interstate commerce whenever that person moves across state lines from one state into another state. The Government does not have to prove that the Defendant knew of the crossing of state lines, but only that it was done while the Defendant was intentionally transporting the victim.
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