The Evolution Of Kidnapping Laws: A Historical Overview

Kidnapping has been a crime for centuries, but it was not until the 20th century that it became a federal crime in some countries. In the United States, the Federal Kidnapping Act, also known as the Lindbergh Law, was passed in 1932 following the highly publicized kidnapping and murder of Charles Lindbergh's toddler son. This law made kidnapping across state lines a federal crime punishable by death and allowed federal authorities to pursue kidnappers. Similar to the US, kidnapping in Australia, Canada, and the UK is an indictable offense that can result in significant fines and lengthy prison sentences.

The Federal Kidnapping Act

The Lindbergh Law, or 18 U.S.C. § 1201(a)(1), was first proposed in December 1931, but initially faced resistance due to concerns over funding and state rights. However, the abduction of Howard Woolverton in January 1932, which received prominent media coverage, revived the push for the law. After the body of Lindbergh's son was discovered, the Act became law in the summer of 1932.

The Act defines kidnapping as:

> "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—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."

Kidnapping becomes a federal offense under specific circumstances, such as crossing state lines or international boundaries, or if the victim is a foreign official, an internationally protected person, or an official guest of the United States. The Act also includes a 24-hour rule, where kidnapping becomes a federal crime if the victim is not released within 24 hours, creating a presumption that the victim has been transported across state or international lines.

The penalties for federal kidnapping are severe and include life imprisonment or the death penalty if the victim dies. Attempted kidnapping carries a lesser punishment of up to 20 years in prison. The Act also covers conspiracy, where individuals who conspire to commit kidnapping can be punished as if they had acted alone.

The Federal Bureau of Investigation (FBI) is the primary agency responsible for investigating and handling kidnapping allegations at the federal level.

International Parental Kidnapping

The act of kidnapping has been a crime for many years, with its roots in English common law. In the US, kidnapping became a federal crime following the highly publicized Lindbergh kidnapping in 1932, which led to the passing of the Federal Kidnapping Act.

In the US, the International Parental Kidnapping Crime Act of 1993 (IPKCA) makes international parental kidnapping a federal crime. The IPKCA, codified at Title 18, United States Code, Section 1204, allows for the prosecution of offenders, who can face up to three years of imprisonment.

However, it is important to note that the IPKCA does not include a mechanism to demand the return of the child. The return of kidnapped children is often settled through negotiation or by filing a civil petition under the Hague Convention on the Civil Aspects of International Parental Child Abduction (1980). This Convention provides a legal framework for securing the prompt return of wrongfully removed or retained children, but it only applies if both countries involved are signatories.

The risk of international parental kidnapping has risen worldwide due to various factors, including the COVID-19 pandemic, which has caused socioeconomic disparities and strained family finances.

Kidnapping for ransom

The motivation behind kidnapping for ransom is usually financial, with sums of money varying depending on the victim or the method of kidnapping. For example, Mexican gangs are estimated to have made up to $250 million from kidnappings of Central American migrants. In some cases, kidnapping for ransom is used as a means to enforce loyalties, punish tax evasion, or maintain local systems of taxation.

There are several deterrents to kidnapping for ransom, including the logistical challenges of exchanging ransom money for the victim's release without being apprehended, harsh punishments for convicted kidnappers, and good cooperation and information sharing between law enforcement agencies. Additionally, tools like the AMBER Alert system help spread information to the public and increase the chances of rescuing kidnapping victims.

The risk of kidnapping for ransom has risen worldwide due to various factors, including the COVID-19 pandemic, socioeconomic disparities, insufficient resources, and flawed judicial systems. The increase in kidnappings and ransom demands may also be attributed to the economic strain that the pandemic has put on many families.

To protect against kidnapping for ransom, individuals should perform a risk review and become familiar with kidnapping "hot spots". It is important to take the right precautions, such as moving about in well-lit areas, staying with trusted individuals, and limiting access to travel plans.

Kidnap and Ransom insurance is another option for individuals travelling to dangerous locations. These insurance policies cover expenses for crisis management teams and skilled negotiators who work to secure the safe release of kidnapping victims while minimizing ransom payouts.

Hostage-taking

The practice of taking hostages is ancient and has been used in negotiations with conquered nations, as well as in surrenders, armistices, and other such scenarios. The Romans, for example, would take the sons of tributary princes as hostages, raising them in Roman culture and education, thus instilling them with ideas of Roman civilisation.

In modern times, hostage-taking is considered a crime or an act of terrorism. The criminal activity is known as kidnapping. Hostage-taking within the context of civil society is often linked to kidnapping for ransom or human trafficking. In a military context, hostages are distinct from prisoners of war, and hostage-taking is regarded as a war crime.

In 1984, the US Congress enacted the Hostage Taking Act, which became enforceable in the US in 1985. This was done to implement the International Convention Against the Taking of Hostages, which was adopted by the United Nations General Assembly in 1979 and came into force in 1983. The Act applies to conduct occurring within US territory, but an offender may be indicted if the hostage-taking occurred outside the US if:

• The offender or the person seized is a US national
• The offender is found in the US
• The organisation being coerced is the US government

Kidnapping as a federal crime

Kidnapping is a serious felony offence that can result in significant fines and prison time upon conviction. While most kidnapping charges are prosecuted under state law, there are situations in which kidnapping can be charged as a federal crime.

Federal Jurisdiction

Federal jurisdiction over kidnapping extends to the following situations:

• Kidnapping in which the victim is willfully transported in interstate or foreign commerce.
• Kidnapping within the special maritime and territorial jurisdiction of the United States.
• Kidnapping within the special aircraft jurisdiction of the United States.
• Kidnapping in which the victim is a foreign official, an internationally protected person, or an official guest.
• Kidnapping in which the victim is a federal officer or employee.
• International parental kidnapping in which the victim is a child under the age of 16 years.

Federal Kidnapping Law

Kidnapping can be charged as a federal crime when ransom money is received or when state lines are crossed. The Federal Kidnapping Act, also known as the Lindbergh Law, was passed by the United States Congress in 1932 following the highly publicized Lindbergh kidnapping. The Act made kidnapping across state lines a federal crime and stipulated that such an offence could be punished by death. The law was intended to allow federal authorities, such as the FBI, to step in and pursue kidnappers once they had crossed state lines with their victim.

Federal Kidnapping Penalties

The penalties for federal kidnapping convictions vary depending on the circumstances of the case. If the kidnapping is accomplished, the maximum penalty is life in federal prison. If someone is killed due to the abduction, the maximum punishment is the death penalty. If the kidnapping victim is a child and the defendant is not a close family relative, there is a mandatory minimum punishment of twenty years in federal prison.

Federal Ransom Laws

It is important to note that you do not have to be the person doing the kidnapping to be charged with collecting a ransom. Under federal law, a ransom is defined as "money or property" received in response to a kidnapping, presumably in exchange for the kidnapped person's release. There are two ways in which you can violate federal ransom laws:

• Receiving, possessing, or disposing of any money or property that you know has been collected as a ransom for a kidnapping.
• Transporting, transmitting, or transferring a known ransom over state or international lines (interstate commerce) for a kidnapping that violates state law.

The penalties for violating federal ransom laws include fines, up to 10 years in federal prison, or both.

Defenses Against Federal Kidnapping Charges

To be convicted of federal kidnapping, it must be proven that the defendant seized, confined, abducted, or carried away someone and either held them for ransom or moved them against their will from one place to another. Common defenses against federal kidnapping charges include arguing that no ransom money was exchanged or that the accused was unaware that the money they were transacting was ransom money. Additionally, it may be possible to challenge the jurisdictional elements and argue that the case should fall under state authority, which carries lesser penalties.

Frequently asked questions