1033
Kidnapping18 U.S.C. §§ 1201, 1202
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Conviction for the offense of kidnapping requires proof of
transportation in interstate commerce, of an unconsenting person, who is
held for
ransom or reward or otherwise, where the accused's acts were knowingly and
willfully committed. See United States v. Osborne, 68 F.3d 94
(5th
Cir. 1995). See also United States v. Crosby, 713 F.2d 1066
(5th
Cir.); cert. denied, 464 U.S. 1001 (1983). Proof is not required
that the
accused carried out the kidnapping for personal financial gain. See
United States v. Childress, 26 F.3d 498 (4th Cir. 1994), cert.
denied, ___U.S.___, 115 S. Ct. 1115 (1995). Situations falling within
the
"or otherwise" language of the statute have included those where the purpose
of
the kidnapping was to silence a potential witness, see United
States
v. Satterfield, 743 F.2d 827 (11th Cir. 1984), on remand, 599 F.
Supp.
958, cert. denied, 471 U.S. 1117 (1985), and kidnapping for the
purpose
of sexual gratification, see United States v. McBryar, 553
F.2d 433
(5th Cir.), cert. denied, 434 U.S. 862 (1977). Section 2A4.1 of the
United States Sentencing Commission's guidelines governs kidnapping
offenses.
[cited in USAM 9-60.100] | |