1623
Substantive OffensesKidnapping18 U.S.C.
§
1201
| |
The act of kidnapping a "foreign official," "internationally
protected
person (IPP)," or "official guest" is punishable under § 1201(a)(4)
without
regard to interstate transportation of the victim. The maximum permissible
punishment is imprisonment for any term of years or for life and no proof of
harm
to the victim is required to support any such sentence. A sentence to death
or
to life imprisonment is authorized by statute "if the death of any person"
results from the kidnapping. See USAM
9-10.000 for the death penalty policy.
Section 1201(c) prohibits conspiracy to kidnap and authorizes
"imprisonment for any term of years or for life." Because of the
extraterritorial reach of 18 U.S.C. § 1201(e), a conspiracy within the
United
States or outside the United States to kidnap an internationally protected
person
outside the jurisdiction of the United States is prohibited and subject to
prosecution under this subsection.
Section 1201(d) prohibits attempts to kidnap including such
attempts
involving foreign officials, internationally protected persons, and official
guests. It authorizes a 20 year maximum term.
[cited in Criminal Resource Manual 1037; USAM 9-65.800] | |