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Federal Kidnapping Act

 
Law Encyclopedia: Lindbergh Act
This entry contains information applicable to United States law only.

The Lindbergh Act is a federal law (48 Stat. 781) that makes it a crime to kidnap — for ransom, reward, or otherwise— and transport a victim from one state to another or to a foreign country, except in the case of a minor abducted by his or her parent.

The Lindbergh law provides that if the victim is not released within twenty-four hours after being kidnapped, there is a rebuttable presumption that he or she has been transported in interstate or foreign commerce.

The punishment for violation of the Lindbergh Act is imprisonment for a term of years or for life.

See: kidnapping; Lindbergh kidnapping.

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Following the historic Lindbergh kidnapping (the abduction and murder of Charles Lindbergh's toddler son), the United States Congress adopted a federal kidnapping statute—popularly known as the Federal Kidnapping Act 18 U.S.C. § 1201(a)(1) (also known as the Lindbergh Law, or Little Lindbergh Law) — which was intended to let federal authorities step in and pursue kidnappers once they had crossed state lines with their victim.

The theory behind the Lindbergh Law was that federal law enforcement intervention was necessary because state and local law enforcement officers could not effectively pursue kidnappers across state lines. Since federal law enforcement, such as FBI agents, have national law enforcement authority, Congress believed they could do a much more effective job of dealing with kidnappings than could state, county, and local authorities.[1]

Several states implemented their own versions of this law, known as "Little Lindbergh" laws, covering acts of kidnapping that did not cross state lines. In some states, if the victim was physically harmed in any manner, the crime qualified for capital punishment. This was what occurred in the Caryl Chessman case in California. Following the death penalty law revisions by the United States Supreme Court during the 1970s, kidnapping alone no longer constitutes a capital offense.

A provision of the law provides exception for parents who abduct their own minor children. (Also see United States v. Sheek).

References

  1. ^ [1]Theoharis, Athan G. "The FBI: a comprehensive reference guide," Greenwood, 1998. ISBN 978-0897749916. Page 112. Retrieved November 10, 2009

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Copyrights:

Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
Wikipedia. This article is licensed under the Creative Commons Attribution/Share-Alike License. It uses material from the Wikipedia article "Federal Kidnapping Act" Read more