18 U.S.C. § 1203 — Hostage taking

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 ‘‘imprisoned’’ were omitted in view of section 4082 of this title committing prisoners to the custody of the Attorney General. (See reviser’s note under section 1 of this title.) Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, § 320601(b), designated existing provisions as subsec. (a) and added subsecs. (b) and (c). Subsec. (a). Pub. L. 103–322, § 330016(1)(L), substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. § 1203. Hostage taking (a) Except as provided in subsection (b) of this section, whoever, whether inside or outside the United States, seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so, shall be pun- ished 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)(1) It is not an offense under this section if the conduct required for the offense occurred outside the United States unless— (A) the offender or the person seized or de- tained is a national of the United States; (B) the offender is found in the United States; or (C) the governmental organization sought to be compelled is the Government of the United States. (2) It is not an offense under this section if the conduct required for the offense occurred inside the United States, each alleged offender and each person seized or detained are nationals of the United States, and each alleged offender is found in the United States, unless the govern- mental organization sought to be compelled is the Government of the United States. (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 Immigra- tion and Nationality Act (8 U.S.C. 1101(a)(22)). (Added Pub. L. 98–473, title II, § 2002(a), Oct. 12, 1984, 98 Stat. 2186; amended Pub. L. 100–690, title VII, § 7028, Nov. 18, 1988, 102 Stat. 4397; Pub. L. 103–322, title VI, § 60003(a)(10), Sept. 13, 1994, 108 Stat. 1969; Pub. L. 104–132, title VII, § 723(a)(1), Apr. 24, 1996, 110 Stat. 1300.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–132 inserted ‘‘or con- spires’’ after ‘‘attempts’’. 1994—Subsec. (a). Pub. L. 103–322 inserted before pe- riod at end ‘‘and, if the death of any person results, shall be punished by death or life imprisonment’’. 1988—Subsec. (c). Pub. L. 100–690 substituted ‘‘(c) As’’ for ‘‘(C) As’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 98–473, title II, § 2003, 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 this section and provisions set out as a note under section 1201 of this title] and the amendments made by this part shall take effect on the later of— ‘‘(1) the date of the enactment of this joint resolu- tion [Oct. 12, 1984]; or ‘‘(2) the date the International Convention Against the Taking of Hostages has come into force and the United States has become a party to that convention [the convention entered into force June 6, 1983; and entered into force for the United States Jan. 6, 1985].’’ § 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 vis- iting 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—