1037
KidnappingPenalty Provision
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The Violent Crime Control and Law Enforcement Act of 1994, Pub. L.
103-322, § 60003(a)(6), effective September 13, 1994, reinstated the
death
penalty for kidnapping and provided an effective mechanism for utilization
of the
death penalty punishment provision where the death of any person results.
Federal prosecutors are advised to consult the Death Penalty Protocol as
detailed
in USAM 9-10.000 whether they intend to
request permission to seek the death penalty or permission not to seek the
death
penalty. With respect to kidnapping, or conspiracies to kidnap, taking
place
prior to September 13, 1994, the penalty was "imprisonment for any term of
years
or for life." See Pub. L. 92-539.
In 1976, Public Law No. 94-647 extended the scope of the statute to
cover situations in which the victim is a "foreign official, an
internationally
protected person, or an official guest," (see this Manual at 1623), and provided for a penalty of not
more
than 20 years imprisonment for an attempted kidnapping of such individuals
(18
U.S.C. § 1201(d)).
In 1986, Public Law No. 99-646 amended § 1201(a) to cover
kidnapping of Federal officers and employees designated in § 1114 of
Title
18 U.S.C., and provided for a penalty of not more than 20 years imprisonment
for
attempted kidnapping of persons so designated (§ 1201(d)).
[cited in USAM 9-60.100] | |