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 ‘‘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— Page 357 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1261 1 So in original. There is no subsec. (b). (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 of- fense; (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 re- turn the child as a result of circumstances be- yond the defendant’s control, and the defend- ant 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 Inter- national Parental Child Abduction, done at The Hague on October 25, 1980. (Added Pub. L. 103–173, § 2(a), Dec. 2, 1993, 107 Stat. 1998; amended Pub. L. 108–21, title I, § 107, Apr. 30, 2003, 117 Stat. 655.) Editorial Notes AMENDMENTS 2003—Subsec. (a). Pub. L. 108–21, § 107(1), inserted ‘‘, or attempts to do so,’’ before ‘‘or retains’’. Subsec. (c)(1). Pub. L. 108–21, § 107(2)(A), inserted ‘‘or the Uniform Child Custody Jurisdiction and Enforce- ment Act’’ before ‘‘and was’’. Subsec. (c)(2). Pub. L. 108–21, § 107(2)(B), inserted ‘‘or’’ after semicolon at end. Statutory Notes and Related Subsidiaries SENSE OF CONGRESS REGARDING USE OF PROCEDURES UNDER THE HAGUE CONVENTION ON THE CIVIL AS- PECTS OF INTERNATIONAL PARENTAL CHILD ABDUC- TION Pub. L. 103–173, § 2(b), Dec. 2, 1993, 107 Stat. 1999, pro- vided that: ‘‘It is the sense of the Congress that, inas- much as use of the procedures under the Hague Conven- tion on the Civil Aspects of International Parental Child Abduction has resulted in the return of many children, those procedures, in circumstances in which they are applicable, should be the option of first choice for a parent who seeks the return of a child who has been removed from the parent.’’ CHAPTER 57—LABOR Sec. 1231. Transportation of strikebreakers. [1232. Repealed.] Editorial Notes AMENDMENTS 1990—Pub. L. 101–647, title XXXV, § 3539, Nov. 29, 1990, 104 Stat. 4925, struck out item 1232 ‘‘Enticement of workman from armory or arsenal’’. § 1231. Transportation of strikebreakers Whoever willfully transports in interstate or foreign commerce any person who is employed or is to be employed for the purpose of obstruct- ing or interfering by force or threats with (1) peaceful picketing by employees during any labor controversy affecting wages, hours, or con- ditions of labor, or (2) the exercise by employees of any of the rights of self-organization or col- lective bargaining; or Whoever is knowingly transported or travels in interstate or foreign commerce for any of the purposes enumerated in this section— Shall be fined under this title or imprisoned not more than two years, or both. This section shall not apply to common car- riers. (June 25, 1948, ch. 645, 62 Stat. 760; May 24, 1949, ch. 139, § 30, 63 Stat. 94; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., § 407a (June 24, 1936, ch. 746, 49 Stat. 1899; June 29, 1938, ch. 813, 52 Stat. 1242). Language designating offense as felony was omitted in uniformity with definitive section 1 of this title. (See reviser’s note under section 550 of this title.) Words ‘‘and shall, upon conviction’’ were omitted as surplusage since punishment cannot be imposed until a conviction is secured. Reference to persons aiding, abetting or causing was omitted as such persons are made principals by section 2 of this title. Changes were made in phraseology and arrangement, but without change of substance. 1949 ACT This section [section 30] corrects a typographical error in section 1231 of title 18, U.S.C. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ in third par. 1949—Act May 24, 1949, substituted ‘‘or travels in’’ for ‘‘in or travels’’ in second par. [§ 1232. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641] Section, act June 25, 1948, ch. 645, 62 Stat. 761, prohib- ited enticement of workman from armory or arsenal. CHAPTER 59—LIQUOR TRAFFIC Sec. 1261. Enforcement, regulations, and scope. 1262. Transportation into State prohibiting sale. 1263. Marks and labels on packages. 1264. Delivery to consignee. 1265. C.O.D. shipments prohibited. § 1261. Enforcement, regulations, and scope (a) 1 The Attorney General— (1) shall enforce the provisions of this chap- ter; and (2) has the authority to issue regulations to carry out the provisions of this chapter. (June 25, 1948, ch. 645, 62 Stat. 761; May 24, 1949, ch. 139, § 31, 63 Stat. 94; Pub. L. 107–273, div. B, title IV, § 4004(b), Nov. 2, 2002, 116 Stat. 1812; Pub. L. 107–296, title XI, § 1112(g), Nov. 25, 2002, 116 Stat. 2276.)