18 U.S.C. § 1201 : US Code - Section 1201: Kidnapping

Search 18 U.S.C. § 1201 : US Code - Section 1201: Kidnapping

      (a) 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 - 
        (1) the person is willfully transported in interstate or
      foreign commerce, regardless of whether the person was alive when
      transported across a State boundary, or the offender travels in
      interstate or foreign commerce or uses the mail or any means,
      facility, or instrumentality of interstate or foreign commerce in
      committing or in furtherance of the commission of the offense;
        (2) any such act against the person is done within the special
      maritime and territorial jurisdiction of the United States;
        (3) 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;
        (4) 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
        (5) 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.
      (b) 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 in 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.
      (c) 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.
      (d) Whoever attempts to violate subsection (a) shall be punished
    by imprisonment for not more than twenty years.
      (e) 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)).
      (f) 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.
      (g) Special Rule for Certain Offenses Involving Children. - 
        (1) To whom applicable. - If - 
          (A) the victim of an offense under this section has not
        attained the age of eighteen years; and
          (B) the offender - 
            (i) has attained such age; and
            (ii) is not - 
              (I) a parent;
              (II) a grandparent;
              (III) a brother;
              (IV) a sister;
              (V) an aunt;
              (VI) an uncle; or
              (VII) 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.
        [(2) Repealed. Pub. L. 108-21, title I, Sec. 104(b), Apr. 30,
      2003, 117 Stat. 653.]

      (h) 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.