8.117 Kidnapping-Federal Officer or Employee (18 U.S.C. Sec. 1201(a)(5))
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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.
Examples CodeDescription134Kidnapping135Escape136Hold of hostages137Riot29 more rows
§ 1201(a)(5) The kidnapping of any of the Federal officers and employees described in 18 U.S.C. § 1114 is made a Federal crime under 18 U.S.C. § 1201(a)(5).
To be convicted of kidnapping, the perpetrator must have used violence, force, threats or sometimes fraud. California's simple kidnapping laws prohibit moving the victim, without their consent, by way of force or fear.
The general sentence for kidnapping under federal law is 20 years in prison. If the kidnapping victim is a child under 18 years of age and the alleged perpetrator is a stranger rather than a family member, then the minimum sentence of incarceration in federal prison is 20 years.
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
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."
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.
