1034
KidnappingFederal Jurisdiction
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Federal jurisdiction over kidnapping extends to the following
situations: (1) kidnapping in which the victim is willfully transported in
interstate or foreign commerce; (2) kidnapping within the special maritime
and
territorial jurisdiction of the United States; (3) kidnapping within the
special
aircraft jurisdiction of the United States; (4) kidnapping in which the
victim
is a foreign official, an internationally protected person, or an official
guest
as those terms are defined in 18 U.S.C. § 1116(b); (5) kidnapping in
which
the victim is a Federal officer or employee designated in 18 U.S.C. §
1114;
and (6) international parental kidnapping in which the victim is a child
under
the age of 16 years.
The kidnapping offense generally does not apply to matters
involving
the taking of a minor by a parent, except for 18 U.S.C. § 1204,
international
parental kidnapping. See USAM
9-74.200
and this Manual at 1957. In such cases, the
parent
must have removed or retained a child under the age of 16 years outside of
the
United States with the intention to obstruct the lawful exercise of parental
rights. Under § 1201, the term "parent" does not include those persons
whose
parental rights with respect to the victim child have been terminated by a
final
court order. See § 1201(h).
Title 18, U.S.C., section 1201(g) provides special rules for
offenses
involving children. Where the victim is under the age of 18 years and the
offender has obtained such age and is not a parent, grandparent,brother,
sister,
aunt, uncle, or person having legal custody, sentencing levels are increased
to
reflect the severity of the treatment and situation in which the child has
been
placed.
The Antiterrorism and Effective Death Penalty Act of 1996, Pub. L.
104-132, § 721(f), 110 Stat. 1214, 1299, changed the statutory language
of
18 U.S.C. § 1201(e), effective April 24, 1996, from "an internationally
protected person" to "an internationally protected person outside the United
States" and permits 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." The definition of "national of the United States" has also
been
referenced in the amendment. See also 18 U.S.C. § 878: Threats
and
extortion against foreign officials, official guests, or internationally
protected persons.
[cited in USAM 9-60.100] | |