§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;
(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 designated 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 to interstate or foreign commerce.
(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, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. 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.
(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)
(1)
(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 be subject to paragraph (2) of this subsection.
(2)
(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.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§408a, 408c (June 22, 1932, ch. 271, §§1, 3,
Section consolidates sections 408a and 408c of title 18 U.S.C., 1940 ed.
Reference to persons aiding, abetting or causing was omitted as unnecessary because such persons are made principals by section 22 of this title.
Words "upon conviction" were omitted as surplusage, because punishment cannot be imposed until a conviction is secured.
Direction as to confinement "in the penitentiary" was omitted because of section 4082 of this title which commits all prisoners to the custody of the Attorney General. (See reviser's note under section 1 of this title.)
The phrase "for any term of years or for life" was substituted for the words "for such term of years as the court in its discretion shall determine" which appeared in said section 408a of Title 18, U.S.C., 1940 ed. This change was made in order to remove all doubt as to whether "term of years" includes life imprisonment.
Minor changes were made in phraseology.
Amendments
1994-
Subsec. (a).
Subsec. (a)(3).
Subsec. (b).
Subsec. (d).
Subsec. (e).
Subsec. (h).
1990-Subsec. (a)(3).
Subsec. (g).
1986-Subsec. (a).
Subsec. (d).
1984-Subsec. (a)(5).
1978-Subsec. (a)(3).
Subsec. (e).
1977-Subsec. (a)(3).
Subsec. (e).
1976-Subsec. (a)(4).
Subsecs. (d) to (f).
1972-Subsec. (a).
Subsec. (b).
Subsec. (c).
1956-Subsec. (b). Act Aug. 6, 1956, substituted "twenty-four hours" for "seven days".
Short Title of 1993 Amendment
Short Title of 1984 Amendment
Section 2001 of part A (§§2001–2003) of chapter XX of title II of
Section Referred to in Other Sections
This section is referred to in sections 11, 115, 878, 1202, 1956, 2333, 3592 of this title.