Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The Department’s essential law enforcement and national security functions will continue. Please refer to the Department of Justice’s contingency plan for more information.

1538. Kidnapping The President -- 18 U.S.C. 1751(b)

Under 18 U.S.C. § 1751(b), whoever kidnaps any individual designated in § 1751(a) is punishable (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual. The penalty for kidnapping the President is imprisonment for any term of years including life, or death if death results. See JM 9-10.000 for the procedures that must be followed if the death penalty might be applicable. Attorney General approval is necessary to seek the death penalty.

[cited in JM 9-65.300]

Updated September 19, 2018