When Is Kidnapping Charged as a Federal Crime?

 Posted on June 11,2021 in Federal Crimes

Many crimes have the potential to be charged at either the state or federal level. Prosecutors must come to an agreement as to which entity has jurisdiction, or whether both entities have jurisdiction, before they can proceed with charging a crime. Kidnapping is one of the crimes that can be charged in both state and federal courts. Federal kidnapping charges can be extremely serious and can end up landing you in prison for many, many years. If you have been charged with kidnapping at any level, you need assistance from a skilled Illinois kidnapping defense attorney.

Understanding Federal Kidnapping Crimes

According to the United States Code, kidnapping occurs when a person seizes, confines, abducts, or takes and holds for ransom any person. For the act to be considered a federal crime, one or more of the following elements must also be true:

• The kidnapper transported the victim across state or country lines.

• The crime was committed in U.S. maritime jurisdiction.

• The crime was committed within U.S. aircraft jurisdiction.

• The victim is a foreign official, internationally protected person, or guest of the U.S.

• The victim is a child under the age of 16, and their parent kidnaps them and removes them from the U.S.

Penalties for Federal Kidnapping Charges

The U.S. Code states that a person who commits any of the acts that are listed in the code regarding kidnapping are punishable with any number of years or life in federal prison. If two or more people conspire to commit the act of kidnapping, all individuals involved can face the same punishment. In addition, if the victim of the kidnapping is under the age of 18 and the offender is over the age of 18 and not the victim’s parent, grandparent, brother, sister, aunt, uncle, or legal custodian, the offender’s prison sentence will be for at least 20 years.

Contact a Chicago, IL Federal Kidnapping Defense Attorney

Being charged with crimes against other individuals, such as kidnapping, can result in serious charges. If you have been charged with kidnapping on the state or the federal level, you need help from a skilled Chicago, IL kidnapping defense lawyer. Our team at the Law Offices of Hal M. Garfinkel will stand by you throughout your trial and ensure that you get the representation that you deserve. To schedule a free consultation, call our office today at 312-629-0669.

Sources:

https://www.justice.gov/archives/jm/criminal-resource-manual-1033-kidnapping-18-usc-1201-1202

https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter55&edition=prelim

https://www.justice.gov/archives/jm/criminal-resource-manual-1034-kidnapping-federal-jurisdiction