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18 U.S.C. § 1204 — International parental kidnapping

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1204 — International parental kidnapping

**(a)** Whoever removes a child from the United States, or attempts to do so, or retains a child (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights shall be fined under this title or imprisoned not more than 3 years, or both. **(b)** As used in this section— (1) the term “child” means a person who has not attained the age of 16 years; and (2) the term “parental rights”, with respect to a child, means the right to physical custody of the child— (A) whether joint or sole (and includes visiting rights); and (B) whether arising by operation of law, court order, or legally binding agreement of the parties. **(c)** It shall be an affirmative defense under this section that— (1) the defendant acted within the provisions of a valid court order granting the defendant legal custody or visitation rights and that order was obtained pursuant to the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act and was in effect at the time of the offense; (2) the defendant was fleeing an incidence or pattern of domestic violence; or (3) the defendant had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant’s control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible. **(d)** This section does not detract from The Hague Convention on the Civil Aspects of International Parental Child Abduction, done at The Hague on October 25, 1980.

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Stable record: federal_law:legal_authorities:record_usc_fc4897026b866617803a4aa1
Source file: Laws/federal/codes/united-states-code/title-18/section-1204-international-parental-kidnapping--0879ffd0a7.md
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Source location: Title 18, Chapter 55, § 1204; chapter-055-kidnapping.md

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**(a)** Whoever removes a child from the United States, or attempts to do so, or retains a child (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights shall be fined under this title or imprisoned not more than 3 years, or both. **(b)** As used in this section— (1) the term “child” means a person who has not attained the age of 16 years; and (2) the term “parental rights”, with respect to a child, means the right to physical custody of the child— (A) whether joint or sole (and includes visiting rights); and (B) whether arising by operation of law, court order, or legally binding agreement of the parties. **(c)** It shall be an affirmative defense under this section that— (1) the defendant acted within the provisions of a valid court order granting the defendant legal custody or visitation rights and that order was obtained pursuant to the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act and was in effect at the time of the offense; (2) the defendant was fleeing an incidence or pattern of domestic violence; or (3) the defendant had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant’s control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible. **(d)** This section does not detract from The Hague Convention on the Civil Aspects of International Parental Child Abduction, done at The Hague on October 25, 1980.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 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, regardless of whether the person was alive when transported across a State boundary, or the offender travels in interstate or foreign commerce or uses the mail or any means, facility, or instrumentality of interstate or foreign commerce in committing or in furtherance of the commission of the offense; (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section46501&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1116/b&num=0&edition=prelim); or (5) the person is among those officers and employees described in [section 1114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1114&num=0&edition=prelim) 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 t

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1201

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3181 — Scope and limitation of chapter

**(a)** The provisions of this chapter relating to the surrender of persons who have committed crimes in foreign countries shall continue in force only during the existence of any treaty of extradition with such foreign government. **(b)** The provisions of this chapter shall be construed to permit, in the exercise of comity, the surrender of persons, other than citizens, nationals, or permanent residents of the United States, who have committed crimes of violence against nationals of the United States in foreign countries without regard to the existence of any treaty of extradition with such foreign government if the Attorney General certifies, in writing, that— (1) evidence has been presented by the foreign government that indicates that had the offenses been committed in the United States, they would constitute crimes of violence as defined under [section 16 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section16&num=0&edition=prelim); and (2) the offenses charged are not of a political nature. **(c)** As used in this section, the term “national of the United States” has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(22)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/22&num=0&edition=prelim)).

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3181

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1204 — International parental kidnapping

Page 356 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1202 SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–473, title II, § 2001, Oct. 12, 1984, 98 Stat. 2186, provided that: ‘‘This part [part A (§§ 2001–2003) of chapter XX of title II of Pub. L. 98–473, enacting section 1203 of this title and provisions set out as a note under section 1203 of this title] may be cited as the ‘Act for the Prevention and Punishment of the Crime of Hos- tage-Taking’.’’ § 1202. Ransom money (a) Whoever receives, possesses, or disposes of any money or other property, or any portion thereof, which has at any time been delivered as ransom or reward in connection with a violation of section 1201 of this title, knowing the same to be money or property which has been at any time delivered as such ransom or reward, shall be fined under this title or imprisoned not more than ten years, or both. (b) A person who transports, transmits, or transfers in interstate or foreign commerce any proceeds of a kidnapping punishable under State law by imprisonment for more than 1 year, or receives, possesses, conceals, or disposes of any such proceeds after they have crossed a State or United States boundary, knowing the proceeds to have been unlawfully obtained, shall be im- prisoned not more than 10 years, fined under this title, or both. (c) For purposes of this section, the term ‘‘State’’ has the meaning set forth in section 245(d) of this title. (June 25, 1948, ch. 645, 62 Stat. 760; Pub. L. 103–322, title XXXII, § 320601(b), title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2115, 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 408c–1 (June 22, 1932, ch. 271, § 4, as added Jan. 24, 1936, ch. 29, 49 Stat. 1099). Words ‘‘in the penitentiary’’ after ‘‘i

Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 1204

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