§ 1204. International parental kidnapping

Statutory text

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.

As used in this section—

the term “child” means a person who has not attained the age of 16 years; and

the term “parental rights”, with respect to a child, means the right to physical custody of the child—

whether joint or sole (and includes visiting rights); and

whether arising by operation of law, court order, or legally binding agreement of the parties.

It shall be an affirmative defense under this section that—

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;

the defendant was fleeing an incidence or pattern of domestic violence; or

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.

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1993
International Parental Kidnapping Crime Act of 1993
Pub. L. 103–173 § 2(a) · 107 Stat. 1998
Enacted · 18 U.S.C. § 1204
Added Pub. L. 103–173, § 2(a), Dec. 2, 1993, 107 Stat. 1998
Source evidence
Code source credit
Added Pub. L. 103–173, § 2(a), Dec. 2, 1993, 107 Stat. 1998
Enacted provision · exact public law section
(a) In General.— Chapter 55 (relating to kidnapping) of title 18, United States Code, is amended by adding at the end the following: “§ 1204. International parental kidnapping “(a) Whoever removes a child from the United States 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 and was in effect at the time of the offense; “(2) the defendant was fleeing an incidence or pattern of domestic violence; “(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”.
2003
Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003
Pub. L. 108–21 § 107(1) · 117 Stat. 650
Inserted · 18 U.S.C. § 1204(a)
Pub. L. 108–21, § 107(1), inserted “, or attempts to do so,” before “or retains”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 108–21, § 107(1), inserted “, or attempts to do so,” before “or retains”.
Enacted provision · exact public law section
(1) in subsection (a), by inserting “, or attempts to do so,” before “or retains”; and
2003
Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003
Pub. L. 108–21 § 107(2)(A) · 117 Stat. 650
Inserted · 18 U.S.C. § 1204(c)(1)
Pub. L. 108–21, § 107(2)(A), inserted “or the Uniform Child Custody Jurisdiction and Enforcement Act” before “and was”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 108–21, § 107(2)(A), inserted “or the Uniform Child Custody Jurisdiction and Enforcement Act” before “and was”.
Enacted provision · exact public law section
(A) in paragraph (1), by inserting “or the Uniform Child Custody Jurisdiction and Enforcement Act” before “and was”; and
2003
Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003
Pub. L. 108–21 § 107(2)(B) · 117 Stat. 650
Inserted · 18 U.S.C. § 1204(c)(2)
Pub. L. 108–21, § 107(2)(B), inserted “or” after semicolon at end
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 108–21, § 107(2)(B), inserted “or” after semicolon at end.
Enacted provision · exact public law section
(B) in paragraph (2), by inserting “or” after the semicolon.

4 of 4 references resolved to an enrolled provision

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

Sense of Congress Regarding Use of Procedures Under The Hague Convention on the Civil Aspects of International Parental Child Abduction

Pub. L. 103–173, § 2(b), Dec. 2, 1993, 107 Stat. 1999, 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.”

Credits

1993–2003 · 2 acts

1993Added Pub. L. 103–173, § 2(a), Dec. 2, 1993, 107 Stat. 1998
2003amended Pub. L. 108–21, title I, § 107, Apr. 30, 2003, 117 Stat. 655.

Show as published

(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.)