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8.115 Kidnapping—Within Special Maritime and Territorial Jurisdiction of United States

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8.115 KIDNAPPING—WITHIN SPECIAL
MARITIME AND TERRITORIAL
JURISDICTION OF UNITED STATES
(18 U.S.C. § 1201(a)(2))

The defendant is charged in [Count _______ of] the indictment with kidnapping [name of kidnapped person] within the special maritime and territorial jurisdiction of the United States in violation of Section 1201(a)(2) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

First, the defendant [seized] [confined] [inveigled] [decoyed] [kidnapped] [abducted] [carried away] [name of kidnapped person] within [specify place of federal jurisdiction]; and

 

Second, the defendant [held] [detained] [name of kidnapped person] against [his][her] will.

[The government is not required to prove that the defendant kidnapped [name of kidnapped person] for reward or ransom, or for any other purpose.]

[The fact that [name of kidnapped person] [may have] initially voluntarily accompanied the defendant does not necessarily [prevent the occurrence] [negate the existence] of a later kidnapping.]

 

Comment

See Comment to Instruction 8.114 (Kidnapping—Interstate Transportation).

"Special maritime and territorial jurisdiction of the United States" is defined in 18 U.S.C. § 7. While federal jurisdiction over the place may be determined as a matter of law, the locus of the offense within that place is an issue for the jury. United States v. Gipe, 672 F.2d 777, 779 (9th Cir. 1982). 

 

 

 

Approved 6/2019