From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 18USC1201]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 55--KIDNAPPING
Sec. 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 if the person was alive when the
transportation began;
(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;
(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; or
(5) the person is among those officers and employees described
in section 1114 of this title 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
the victim within twenty-four hours after he shall have been unlawfully
seized, confined, inveigled, decoyed, kidnapped, abducted, or carried
away shall create a rebuttable presumption that such person has been
transported to interstate or foreign commerce. Notwithstanding the
preceding sentence, the fact that the presumption under this section has
not yet taken effect does not preclude a Federal investigation of a
possible violation of this section before the 24-hour period has ended.
(c) If two or more persons conspire to violate this section and one
or more of such persons do any overt act to effect the object of the
conspiracy, each shall be punished by imprisonment for any term of years
or for life.
(d) Whoever attempts to violate subsection (a) shall be punished by
imprisonment for not more than twenty years.
(e) If the victim of an offense under subsection (a) is an
internationally protected person outside the United States, the United
States may exercise jurisdiction over the offense if (1) the victim is a
representative, officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender is
afterwards found in the United States. As used in this subsection, the
United States includes all areas under the jurisdiction of the United
States including any of the places within the provisions of sections 5
and 7 of this title and section 46501(2) of title 49. For purposes of
this subsection, the term ``national of the United States'' has the
meaning prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).
(f) In the course of enforcement of subsection (a)(4) and any other
sections prohibiting a conspiracy or attempt to violate subsection
(a)(4), the Attorney General may request assistance from any Federal,
State, or local agency, including the Army, Navy, and Air Force, any
statute, rule, or regulation to the contrary notwithstanding.
(g) Special Rule for Certain Offenses Involving Children.--
(1) To whom applicable.--If--
(A) the victim of an offense under this section has not
attained the age of eighteen years; and
(B) the offender--
(i) has attained such age; and
(ii) is not--
(I) a parent;
(II) a grandparent;
(III) a brother;
(IV) a sister;
(V) an aunt;
(VI) an uncle; or
(VII) an individual having legal custody of the
victim;
the sentence under this section for such offense shall be subject to
paragraph (2) of this subsection.
(2) Guidelines.--The United States Sentencing Commission is
directed to amend the existing guidelines for the offense of
``kidnapping, abduction, or unlawful restraint,'' by including the
following additional specific offense characteristics: If the victim
was intentionally maltreated (i.e., denied either food or medical
care) to a life-threatening degree, increase by 4 levels; if the
victim was sexually exploited (i.e., abused, used involuntarily for
pornographic purposes) increase by 3 levels; if the victim was
placed in the care or custody of another person who does not have a
legal right to such care or custody of the child either in exchange
for money or other consideration, increase by 3 levels; if the
defendant allowed the child to be subjected to any of the conduct
specified in this section by another person, then increase by 2
levels.
(h) As used in this section, the term ``parent'' does not include a
person whose parental rights with respect to the victim of an offense
under this section have been terminated by a final court order.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+18USC1201