8.117 Kidnapping—Federal Officer or Employee

8.117 KIDNAPPING—FEDERAL OFFICER OR EMPLOYEE
(18 U.S.C. § 1201(a)(5))

The defendant is charged in [Count _______ of] the indictment with kidnapping a federal officer or employee in violation of Section 1201(a)(5) 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];

Second, at the time [name of kidnapped person] was [specify federal office or employment position];

Third, the defendant acted while [name of kidnapped person] was engaged in, or on account of, the performance of official duties; and

Fourth, 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).

Federal officers or employees who may be the victim of a kidnapping are listed in 18 U.S.C. § 1114.　　

Approved 6/2019