What is Federal International Parental Kidnapping?
The International Parental Kidnapping Crime Act (“IPKCA”) passed by Congress in 1993 created a federal international kidnapping offense, codified at Title 18, United States Code, Section 1204. It was enacted on December 2, of the same year and made it a Federal crime to remove a child from the United States or retain a child (who had been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights. The offense is punishable by a fine or imprisonment for up to three years – or both.
State Vs. Federal: International Parental Kidnapping
The state statutes criminalizing the act may fall under different titles (e.g., kidnapping, interference with custody, etc.), but by the early to mid-1970s, most states had removed immunity and affirmative defenses for parents who kidnap or abduct their children. The Federal offense for international cases was created to augment these already existing State remedies in parental abduction cases.
Most state and local jurisdictions are able to prosecute abduction cases under state law and seek international extradition. The use of the federal statute rests upon a particular federal interest in the case, including: a particularly egregious factual scenario; the use of false identification, including United States passports or travel documents; the use of wire or mail communications; interstate travel and international travel; as well as other typically federal interests, possibly reflected in additional charges.
By elevating the offense to one of a Federal nature, the International Parental Kidnapping statute enumerates four purposes to combat the historical lack of prosecution:
- by making this action a federal offense the United States Government has a direct basis for requesting extradition with those countries with which we have treaties;
- the threat of federal criminal sanctions will deter at least some potential offenders;
- this new crime allows the issuance of federal warrants that will assist United States diplomatic negotiations with foreign governments for the return of kidnapped children; and,
- enactment of such stern measures will clarify to other countries the seriousness with which the United States regards these cases.
What Are the Elements of International Parental Kidnapping?
The International Parental Kidnapping Statute is codified in 18 U.S.C. § 1204. It has the following elements:
- Removing 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
- Intent to obstruct the lawful exercise of parental rights.
What is the Definition of Parental Rights?
This law defines “parental rights” to apply where there is 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.
What Are Possible Defenses to This Charge?
There are three possible defenses to International Parental Kidnapping:
- Acting within a valid court order,
- Acting within the consent of the other parent,
- Having no intent to deprive someone of the lawful exercise of their parental rights.
What is the Sentencing Exposure on International Parental Kidnapping?
Each count of International Parental Kidnapping carries a maximum of three (3) years of incarceration. Generally speaking, each child that is internationally parentally kidnapped is a separate charge. These charges run consecutive to each other (meaning one after another). So taking three children results in a potential 9 year maximum. Taking four children results in a 12 year maximum, etc.
Contact Out Top Rated New York Criminal Defense Attorneys
After any arrest involving International Parental Kidnapping, you should consult your lawyer immediately. If you have been arrested and charged with International Parental Kidnapping contact our top rated attorneys to schedule your consultation.