8.114 Kidnapping-Interstate Transportation (18 U.S.C. Sec. 1201(a)(1)) is a federal crime outlined by the United States Code. It states that whoever knowingly transports an individual in interstate or foreign commerce, or in any commonwealth, territory, or possession of the United States, with intent to hold such individual for ransom or reward, or as a hostage or in any other way, shall be fined under this title or imprisoned not more than twenty years, or both. There are two types of 8.114 Kidnapping-Interstate Transportation (18 U.S.C. Sec. 1201(a)(1)): 1. Kidnapping with the intent of holding the victim for ransom or reward. 2. Kidnapping with the intent of using the victim as a hostage or in any other way.
8.114 Kidnapping-Interstate Transportation (18 U.S.C. Sec. 1201(a)(1))
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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If the kidnapping is actually accomplished, the maximum punishment is life in federal prison. If anyone is killed as a result of the act, the maximum punishment is the death penalty. The person killed under 18 U.S.C. § 1201 to trigger this sentencing enhancement does not have to be the victim.
Under 18 USC 1201, a person is guilty of kidnapping who "unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person."
Definition of 18 U.S.C. 18 U.S.C. § 1201 provides the legal definition of the federal crime of kidnapping: Anyone who unlawfully seizes, confines, 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.
Kidnapping is usually accompanied with a ransom for money or other gains. However, a crime of abduction is considered to be when a person has been taken away from his or her original location by persuading him or her, by some act of fraud or with a forceful way that may include violence.
Examples CodeDescription134Kidnapping135Escape136Hold of hostages137Riot29 more rows