8.119 Attempted Kidnapping-Federal Officer or Employee (18 U.S.C. Sec. 1201(d)) is a federal crime that occurs when a person attempts to kidnap a federal officer or employee. This offense is defined as knowingly and willfully attempting to kidnap, confine, or otherwise seize a federal officer or employee in the course of their official duties. This offense is punishable by a maximum of twenty (20) years in prison and/or a fine of up to $250,000. The types of 8.119 Attempted Kidnapping-Federal Officer or Employee (18 U.S.C. Sec. 1201(d)) include attempted kidnappings for ransom, attempted kidnappings for political purposes, or any other attempt to kidnap a federal officer or employee.
8.119 Attempted Kidnapping-Federal Officer or Employee (18 U.S.C. Sec. 1201(d)
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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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FAQ
Kidnapping Elements In most jurisdictions, kidnapping has the elements of criminal act, criminal intent, causation, harm, and an attendant circumstance.
Kidnapping someone for ransom money is defined under the federal statute 18 U.S.C. 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.
In sum, to be guilty of Kidnapping under CPC §207(a), the prosecution must prove that: You took or held someone through force or fear; AND, You moved, or made the person move, a substantial distance; AND, The other person didn't consent; AND, You didn't actually believe the person consented.
In order to be convicted of kidnapping, it is not enough to simply move the victim, you must use physical force, threats of physical harm, or fraud in order to do so. This could include restraining or dragging the victim (force) or threatening the victim with a knife or a gun (fear).
In sum, to be guilty of Kidnapping under CPC §207(a), the prosecution must prove that: You took or held someone through force or fear; AND, You moved, or made the person move, a substantial distance; AND, The other person didn't consent; AND, You didn't actually believe the person consented.
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."
In situations where the transportation of an individual remains in one state, kidnapping is a state crime. However, it can become a federal crime when certain elements are present ? more specifically, when the offense, in some way, crosses state lines or country borders.
Examples CodeDescription134Kidnapping135Escape136Hold of hostages137Riot29 more rows