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Kidnapping and Interstate Travel: When It Becomes a Federal Crime

Kidnapping is one of the most serious criminal charges a person can face. While most people think of it as a local or state-level crime, kidnapping can escalate to a federal offense under certain circumstances particularly when it involves crossing state lines. This is a critical distinction that can have a major impact on how the case is investigated, charged, and ultimately prosecuted.

When Does Kidnapping Become a Federal Offense?

The primary trigger for federal jurisdiction is interstate or international travel. Under the Federal Kidnapping Act (18 U.S.C. § 1201) also known as the Lindbergh Law kidnapping becomes a federal crime if:

• A person is unlawfully taken, confined, or held for ransom, reward, or any other reason; and
• That person is transported across state lines or international borders.

Even if the abduction begins in one state and the transportation happens later, possibly without the kidnapper’s original intention to cross state lines the federal government can still step in and prosecute the case. Once that state boundary is crossed, federal law kicks in.

Other Situations Where Federal Jurisdiction Applies

Crossing state lines isn’t the only path to federal charges. Kidnapping can also be federally prosecuted if:

• The victim is a federal employee, elected official, or foreign diplomat.
• The act occurs on federal property (like a national park or military base).
• The kidnapper uses interstate communication tools such as phones, email, or the internet to facilitate or coordinate the crime.
• The case involves international parental kidnapping, especially in disputes over custody where one parent takes a child to another country without permission.

Penalties for Federal Kidnapping

Federal kidnapping charges carry severe penalties that often exceed those seen in state courts. If convicted, defendants could face:

• Up to life in federal prison
• The death penalty if the victim is killed
• Mandatory minimum sentences if a firearm was used or if the victim was a minor
• Sentencing enhancements for aggravated factors such as demanding a ransom, causing bodily harm, or committing sexual assault

Unlike state prosecutions, federal sentencing guidelines leave little room for flexibility. Defendants face harsh mandatory minimums and fewer opportunities for plea deals.

Who Investigates and Prosecutes?

Federal kidnapping cases are typically handled by the Federal Bureau of Investigation (FBI) and prosecuted by the U.S. Attorney’s Office. These agencies have significant resources at their disposal, including advanced surveillance tools, subpoena power, and access to national law enforcement databases. Once a federal indictment is issued, the legal process moves quickly and becomes significantly more complex.

Defense Strategies in Federal Kidnapping Cases

Mounting a strong defense in a federal kidnapping case requires an aggressive, well-planned legal approach. Common defense strategies include:

• Challenging whether interstate travel actually occurred or whether it meets the legal definition
• Arguing that the alleged victim was not held against their will
• Examining communication records, video surveillance, and witness testimony
• Disputing the intent behind the actions, especially in cases involving custody disputes or misunderstandings
  

Contact Glozman Law for Aggressive Defense

At Glozman Law, we have extensive experience defending clients against complex federal charges, including kidnapping and related interstate offenses. If you or a loved one is under investigation or facing charges, time is of the essence. Contact our office immediately to discuss your case and build a strong defense strategy tailored to your unique situation.