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CRM 1500-1999

1539. Elements -- Kidnapping The President -- 18 U.S.C. § 1751(b)

Section 1751(b) of Title 18 does not define kidnapping, nor does the Federal Kidnapping Act (18 U.S.C. § 1201). However, the essential elements of the offense are the involuntary nature of the seizure and detention. Chatwin v. United States, 326 U.S. 455, 464 (1946). Section 1751(b), like 18 U.S.C. § 1201(a)(4), does not incorporate transportation across a State line as an element of the offense. The jurisdictional basis for this statute derives from the substantial relation existing between the denounced acts and the execution of the powers of the Executive Branch of the United States Government.

[cited in JM 9-65.300]