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Federal Kidnapping Act

Federal Kidnapping Act
Great Seal of the United States
Other short titlesLindbergh Law
Long titleAn Act forbidding the transportation of any person in interstate or foreign commerce, kidnapped, or otherwise unlawfully detained, and making such act a felony.
Acronyms (colloquial)FKA
NicknamesLindbergh Law
Enacted bythe 72nd United States Congress
EffectiveJune 22, 1932
Citations
Public lawPub. L. 72–189
Statutes at Large47 Stat. 326
Codification
Titles amended18 U.S.C.: Crimes and Criminal Procedure
U.S.C. sections created18 U.S.C. ch. 55 § 1201 et seq.
Legislative history
United States Supreme Court cases

Following the historic Lindbergh kidnapping (the abduction and murder of Charles Lindbergh's toddler son), the United States Congress passed a federal kidnapping statute—known as the Federal Kidnapping Act, 18 U.S.C. § 1201(a)(1) (popularly 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 act was first proposed in December 1931 by Missouri Senator Roscoe Conkling Patterson, who pointed to several recent kidnappings in the Missouri area in calling for a federal solution.[2] Initial resistance to Patterson's proposal was based on concerns over funding and state's rights.[3] Consideration of the law was revived following the kidnapping of Howard Woolverton in late January 1932.[4] Woolverton's kidnapping featured prominently in several newspaper series researched and prepared in the weeks following his abduction, and were quite possibly inspired by it. Two such projects, by Bruce Catton of the Newspaper Enterprise Association and Fred Pasley of the Daily News of New York City, were ready for publication within a day or two of the Lindbergh kidnapping. Both series, which ran in papers across North America, described kidnapping as an existential threat to American life, a singular, growing crime wave in which no one was safe.[5][6]

Following the discovery of Baby Lindbergh's body not far from his home, the act became law in summer 1932.[7] In 1934, the act was amended[8] to provide exception for parents who abduct their own minor children and made a death sentence possible in cases where the victim was not released unharmed.[9][10]

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 and U.S. Marshals, 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.[11] There is a rebuttable presumption of transportation in interstate or foreign commerce if the victim is not released within 24 hours.[12] Additionally, it is likewise an offense to conspire[13] or attempt[14] to violate the statute. There is also extraterritorial jurisdiction if the offense is against an internationally protected person.[15]

Only one person, Arthur Gooch, was executed for a federal kidnapping conviction in a case where the victim did not die. Under the current statute, the victim must die for the crime to become a capital offense.[16] Barring a permitted departure from federal guidelines, kidnapping resulting in death now carries a mandatory life sentence if the perpetrator is an adult.[17] In addition, the law mandates a minimum of 20 years in prison[18] if the victim is a minor[19] and the perpetrator is an adult[20] and not a family member.[21][22]

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 April 8, 1968 decision by the United States Supreme Court in United States v. Jackson, kidnapping alone no longer constitutes a capital offense.

  1. ^ "Federal Kidnap Act Is Signed by Hoover". The Owosso Argus-Press. AP. 1932-06-23. p. 11. Retrieved 2015-01-31.
  2. ^ "Aims at Kidnapers: Patterson Bill Would Make Abduction a Federal Offense." The Kansas City (Missouri) Times. December 11, 1931. p. 9.
  3. ^ "Lindbergh Baby is Kidnapped; Ransom is Asked." La Crosse Tribune. pp. 1 & 6.
  4. ^ "Woolverton Case Revives Kidnaping Bill in Congress." South Bend Tribune, January 28, 1932, p. 1.
  5. ^ see for example "Kidnapings," New York Daily News, March 14, 1932, p. 17.
  6. ^ see for example "Kidnaping Becomes Major Underworld Industry; Chicago Pays Over 2 Million Dollars in Ransom." The Scranton Times-Tribune, March 7, 1932, p. 18.
  7. ^ 47 Stat. 326
  8. ^ 48 Stat. 781
  9. ^ Bomar, Horace. "THE LINDBERGH LAW". Duke University of Law.
  10. ^ "U.S. Code". uscode.house.gov. Retrieved 2022-02-09.
  11. ^ Theoharis, Athan G. The FBI: a comprehensive reference guide, Greenwood, 1998. ISBN 978-0-89774-991-6. Page 112. Retrieved November 10, 2009
  12. ^ "With respect to subsection (a)(1), above, the failure to release the victim within twenty-four hours after he shall have been unlawfully seized, confined, inveigled, decoyed, kidnapped, abducted, or carried away shall create a rebuttable presumption that such person has been transported in interstate or foreign commerce. Notwithstanding the preceding sentence, the fact that the presumption under this section has not yet taken effect does not preclude a Federal investigation of a possible violation of this section before the 24-hour period has ended.". 18 USC § 1201(b).
  13. ^ "If two or more persons conspire to violate this section and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life.". 18 USC § 1201(c).
  14. ^ "Whoever attempts to violate [this section] shall be punished by imprisonment for not more than twenty years." 18 USC § 1201(d).
  15. ^ "If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title and section 46501(2) of title 49. For purposes of this subsection, the term “national of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).". 18 USC § 1201(e).
  16. ^ 18 USC § 1201(a): "and, if the death of any person results, shall be punished by death or life imprisonment."
  17. ^ "shall be punished by life imprisonment", id.
  18. ^ 18 USC § 1201(g)
  19. ^ 18 USC 1201(g)(1)(A)
  20. ^ 1201(g)(1)(B)
  21. ^ See 18 USC 1201(g)(1)(B)(ii)(I) - (VII), enumerating the family members as per above.
  22. ^ "18 U.S. Code § 1201 - Kidnapping". LII / Legal Information Institute. Retrieved 2022-01-05.
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