USCODE-2011-title18-partI-chap55-sec1203-1204

§ 1202

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

1976—Subsec. (a)(4). Pub. L. 94–467, § 4(a), substituted
provision which includes acts committed against an
internationally protected person and an official guest
as defined in section 1116(b) of this title for provision
which included acts committed against an official
guest as defined in section 1116(c) of this title.
Subsecs. (d) to (f). Pub. L. 94–467, § 4(b), added subsecs.
(d) to (f).
1972—Subsec. (a). Pub. L. 92–539 substituted ‘‘Kidnaping’’ for ‘‘Transportation’’ in section catchline and, in
subsec. (a), extended the jurisdictional base to include
acts committed within the special maritime, territorial, and aircraft jurisdiction of the United States,
and to include acts committed against foreign officials
and official guests, and struck out provisions relating
to death penalty.
Subsec. (b). Pub. L. 92–539 inserted reference to subsec. (a)(1).
Subsec. (c). Pub. L. 92–539 substituted ‘‘by imprisonment for any term of years or for life’’ for ‘‘as provided
in subsection (a)’’.
1956—Subsec. (b). Act Aug. 6, 1956, substituted ‘‘twenty-four hours’’ for ‘‘seven days’’.
SHORT TITLE OF 1993 AMENDMENT
Pub. L. 103–173, § 1, Dec. 2, 1993, 107 Stat. 1998, provided
that: ‘‘This Act [enacting section 1204 of this title and
provisions set out as a note under section 1204 of this
title] may be cited as the ‘International Parental Kidnapping Crime Act of 1993’.’’
SHORT TITLE OF 1984 AMENDMENT
Section 2001 of part A (§§ 2001–2003) of chapter XX of
title II of Pub. L. 98–473 provided that: ‘‘This part [enacting section 1203 of this title and provisions set out
as a note under section 1203 of this title] may be cited
as the ‘Act for the Prevention and Punishment of the
Crime of Hostage-Taking’.’’

§ 1202. Ransom money
(a) Whoever receives, possesses, or disposes of
any money or other property, or any portion
thereof, which has at any time been delivered as
ransom or reward in connection with a violation
of section 1201 of this title, knowing the same to
be money or property which has been at any
time delivered as such ransom or reward, shall
be fined under this title or imprisoned not more
than ten years, or both.
(b) A person who transports, transmits, or
transfers in interstate or foreign commerce any
proceeds of a kidnapping punishable under State
law by imprisonment for more than 1 year, or
receives, possesses, conceals, or disposes of any
such proceeds after they have crossed a State or
United States boundary, knowing the proceeds
to have been unlawfully obtained, shall be imprisoned not more than 10 years, fined under
this title, or both.
(c) For purposes of this section, the term
‘‘State’’ has the meaning set forth in section
245(d) of this title.
(June 25, 1948, ch. 645, 62 Stat. 760; Pub. L.
103–322, title XXXII, § 320601(b), title XXXIII,
§ 330016(1)(L), Sept. 13, 1994, 108 Stat. 2115, 2147.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., § 408c–1 (June 22,
1932, ch. 271, § 4, as added Jan. 24, 1936, ch. 29, 49 Stat.
1099).
Words ‘‘in the penitentiary’’ after ‘‘imprisoned’’ were
omitted in view of section 4082 of this title committing
prisoners to the custody of the Attorney General. (See
reviser’s note under section 1 of this title.)
Minor changes were made in phraseology.

Page 332

AMENDMENTS
1994—Pub. L. 103–322, § 320601(b), designated existing
provisions as subsec. (a) and added subsecs. (b) and (c).
Subsec. (a). Pub. L. 103–322, § 330016(1)(L), substituted
‘‘fined under this title’’ for ‘‘fined not more than
$10,000’’.

§ 1203. Hostage taking
(a) Except as provided in subsection (b) of this
section, whoever, whether inside or outside the
United States, seizes or detains and threatens to
kill, to injure, or to continue to detain another
person in order to compel a third person or a
governmental organization to do or abstain
from doing any act as an explicit or implicit
condition for the release of the person detained,
or attempts or conspires to do so, shall be punished by imprisonment for any term of years or
for life and, if the death of any person results,
shall be punished by death or life imprisonment.
(b)(1) It is not an offense under this section if
the conduct required for the offense occurred
outside the United States unless—
(A) the offender or the person seized or detained is a national of the United States;
(B) the offender is found in the United
States; or
(C) the governmental organization sought to
be compelled is the Government of the United
States.
(2) It is not an offense under this section if the
conduct required for the offense occurred inside
the United States, each alleged offender and
each person seized or detained are nationals of
the United States, and each alleged offender is
found in the United States, unless the governmental organization sought to be compelled is
the Government of the United States.
(c) As used in this section, the term ‘‘national
of the United States’’ has the meaning given
such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
(Added Pub. L. 98–473, title II, § 2002(a), Oct. 12,
1984, 98 Stat. 2186; amended Pub. L. 100–690, title
VII, § 7028, Nov. 18, 1988, 102 Stat. 4397; Pub. L.
103–322, title VI, § 60003(a)(10), Sept. 13, 1994, 108
Stat. 1969; Pub. L. 104–132, title VII, § 723(a)(1),
Apr. 24, 1996, 110 Stat. 1300.)
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–132 inserted ‘‘or conspires’’ after ‘‘attempts’’.
1994—Subsec. (a). Pub. L. 103–322 inserted before period at end ‘‘and, if the death of any person results,
shall be punished by death or life imprisonment’’.
1988—Subsec. (c). Pub. L. 100–690 substituted ‘‘(c) As’’
for ‘‘(C) As’’.
EFFECTIVE DATE
Section 2003 of part A (§§ 2001–2003) of chapter XX of
title II of Pub. L. 98–473 provided that: ‘‘This part and
the amendments made by this part [enacting this section and provisions set out as a note under section 1201
of this title] shall take effect on the later of—
‘‘(1) the date of the enactment of this joint resolution [Oct. 12, 1984]; or
‘‘(2) the date the International Convention Against
the Taking of Hostages has come into force and the
United States has become a party to that convention
[the convention entered into force June 6, 1983; and
entered into force for the United States Jan. 6, 1985].’’

Page 333

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

§ 1204. International parental kidnapping
(a) Whoever removes a child from the United
States, or attempts to do so, or retains a child
(who has been in the United States) outside the
United States with intent to obstruct the lawful
exercise of parental rights shall be fined under
this title or imprisoned not more than 3 years,
or both.
(b) As used in this section—
(1) the term ‘‘child’’ means a person who has
not attained the age of 16 years; and
(2) the term ‘‘parental rights’’, with respect
to a child, means the right to physical custody
of the child—
(A) whether joint or sole (and includes visiting rights); and
(B) whether arising by operation of law,
court order, or legally binding agreement of
the parties.
(c) It shall be an affirmative defense under
this section that—
(1) the defendant acted within the provisions
of a valid court order granting the defendant
legal custody or visitation rights and that
order was obtained pursuant to the Uniform
Child Custody Jurisdiction Act or the Uniform
Child Custody Jurisdiction and Enforcement
Act and was in effect at the time of the offense;
(2) the defendant was fleeing an incidence or
pattern of domestic violence; or
(3) the defendant had physical custody of the
child pursuant to a court order granting legal
custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant’s control, and the defendant notified or made reasonable attempts to
notify the other parent or lawful custodian of
the child of such circumstances within 24
hours after the visitation period had expired
and returned the child as soon as possible.
(d) This section does not detract from The
Hague Convention on the Civil Aspects of International Parental Child Abduction, done at The
Hague on October 25, 1980.
(Added Pub. L. 103–173, § 2(a), Dec. 2, 1993, 107
Stat. 1998; amended Pub. L. 108–21, title I, § 107,
Apr. 30, 2003, 117 Stat. 655.)
AMENDMENTS
2003—Subsec. (a). Pub. L. 108–21, § 107(1), inserted ‘‘, or
attempts to do so,’’ before ‘‘or retains’’.
Subsec. (c)(1). Pub. L. 108–21, § 107(2)(A), inserted ‘‘or
the Uniform Child Custody Jurisdiction and Enforcement Act’’ before ‘‘and was’’.
Subsec. (c)(2). Pub. L. 108–21, § 107(2)(B), inserted ‘‘or’’
after semicolon at end.
SENSE OF CONGRESS REGARDING USE OF PROCEDURES
UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL PARENTAL CHILD ABDUCTION

Section 2(b) of Pub. L. 103–173 provided that: ‘‘It is
the sense of the Congress that, inasmuch as use of the
procedures under the Hague Convention on the Civil
Aspects of International Parental Child Abduction has
resulted in the return of many children, those procedures, in circumstances in which they are applicable,
should be the option of first choice for a parent who
seeks the return of a child who has been removed from
the parent.’’

§ 1261

CHAPTER 57—LABOR
Sec.

1231.
[1232.

Transportation of strikebreakers.
Repealed.]
AMENDMENTS

1990—Pub. L. 101–647, title XXXV, § 3539, Nov. 29, 1990,
104 Stat. 4925, struck out item 1232 ‘‘Enticement of
workman from armory or arsenal’’.

§ 1231. Transportation of strikebreakers
Whoever willfully transports in interstate or
foreign commerce any person who is employed
or is to be employed for the purpose of obstructing or interfering by force or threats with (1)
peaceful picketing by employees during any
labor controversy affecting wages, hours, or conditions of labor, or (2) the exercise by employees
of any of the rights of self-organization or collective bargaining; or
Whoever is knowingly transported or travels
in interstate or foreign commerce for any of the
purposes enumerated in this section—
Shall be fined under this title or imprisoned
not more than two years, or both.
This section shall not apply to common carriers.
(June 25, 1948, ch. 645, 62 Stat. 760; May 24, 1949,
ch. 139, § 30, 63 Stat. 94; Pub. L. 103–322, title
XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat.
2147.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 18, U.S.C., 1940 ed., § 407a (June 24, 1936,
ch. 746, 49 Stat. 1899; June 29, 1938, ch. 813, 52 Stat. 1242).
Language designating offense as felony was omitted
in uniformity with definitive section 1 of this title.
(See reviser’s note under section 550 of this title.)
Words ‘‘and shall, upon conviction’’ were omitted as
surplusage since punishment cannot be imposed until a
conviction is secured.
Reference to persons aiding, abetting or causing was
omitted as such persons are made principals by section
2 of this title.
Changes were made in phraseology and arrangement,
but without change of substance.
1949 ACT
This section [section 30] corrects a typographical
error in section 1231 of title 18, U.S.C.
AMENDMENTS
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $5,000’’ in third par.
1949—Act May 24, 1949, substituted ‘‘or travels in’’ for
‘‘in or travels’’ in second par.

[§ 1232. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A
Stat. 641]
Section, act June 25, 1948, ch. 645, 62 Stat. 761, prohibited enticement of workman from armory or arsenal.

CHAPTER 59—LIQUOR TRAFFIC
Sec.

1261.
1262.
1263.
1264.
1265.

Enforcement, regulations, and scope.
Transportation into State prohibiting sale.
Marks and labels on packages.
Delivery to consignee.
C.O.D. shipments prohibited.

§ 1261. Enforcement, regulations, and scope
(a) 1 The Attorney General—
1 So

in original. There is no subsec. (b).