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Criminal Resource Manual 1036 24 Hours Rebuttable Presumption


24 Hours Rebuttable Presumption

The rebuttable presumption set forth in 18 U.S.C. § 1201(b) does not create a presumption of kidnapping. Rather, it creates a presumption of transportation in interstate or foreign commerce in cases where an actual kidnapping has been established. The presumption was added to the statute to give the FBI jurisdiction to investigate. In a Federal prosecution under 18 U.S.C. § 1201(a)(1), actual interstate or foreign transportation must be proved. See United States v. Moore, 571 F.2d 76 (2d Cir. 1978).

[cited in USAM 9-60.100]

Updated February 19, 2015