1102
Hostage TakingGravamen of the Offense
|
This section prohibits (1) the seizing or detaining of an
individual,
(2) coupled with a threat to kill, injure, or continue to detain that
individual
(3) in order to compel a third person or a governmental organization to do
or
abstain from doing any act as an explicit or implicit condition for the
release
of the detained individual. See United States v.
Carrion-Caliz,
944 F.2d 220, 223 (5th Cir. 1991), cert. denied, 503 U.S. 965 (1992).
The
seizure or detention contemplated by the statute includes both physical
restraint
-- confinement against the victim's will -- as well as non-physical
restraint,
such as the victim's detention through fear or deception. Id. at
225.
It is clearly the intent of the Congress that the statutory phrase,
"third person or a governmental organization" include everything covered by
the
term "third party" used in the Hostage Taking Convention. The term
"government
organization" covers national, State, and local governments as well as
international governmental organizations. See 18 U.S.C. §
831(f)(2).
The term "person" covers "corporations, companies, associations, firms,
partnerships, societies, and joint stock companies, as well as individuals."
See 1 U.S.C. § 1.
[cited in USAM 9-60.700] | |