8.118 Attempted Kidnapping-Foreign Official or Official Guest (18 U.S.C. Sec. 1201(d))
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FAQ
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.
1202. As noted, attempted kidnapping results in a prison sentence of up to 20 years; if the kidnapping is successful, it can result in life imprisonment. Hostage Taking (18 U.S.C. 1203).
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.
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.
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
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."
