The act of kidnapping a "foreign official," "internationally protected person (IPP)," or "official guest" is punishable under § 1201(a)(4) without regard to interstate transportation of the victim. The maximum permissible punishment is imprisonment for any term of years or for life and no proof of harm to the victim is required to support any such sentence. A sentence to death or to life imprisonment is authorized by statute "if the death of any person" results from the kidnapping. See JM 9-10.000 for the death penalty policy.

Section 1201(c) prohibits conspiracy to kidnap and authorizes "imprisonment for any term of years or for life." Because of the extraterritorial reach of 18 U.S.C. § 1201(e), a conspiracy within the United States or outside the United States to kidnap an internationally protected person outside the jurisdiction of the United States is prohibited and subject to prosecution under this subsection.

Section 1201(d) prohibits attempts to kidnap including such attempts involving foreign officials, internationally protected persons, and official guests. It authorizes a 20 year maximum term.

Conviction for the offense of kidnapping requires proof of transportation in interstate commerce, of an unconsenting person, who is held for ransom or reward or otherwise, where the accused's acts were knowingly and willfully committed. See United States v. Osborne, 68 F.3d 94 (5th Cir. 1995). See also United States v. Crosby, 713 F.2d 1066 (5th Cir.); cert. denied, 464 U.S. 1001 (1983). Proof is not required that the accused carried out the kidnapping for personal financial gain. See United States v. Childress, 26 F.3d 498 (4th Cir. 1994), cert. denied, ___U.S.___, 115 S. Ct. 1115 (1995). Situations falling within the "or otherwise" language of the statute have included those where the purpose of the kidnapping was to silence a potential witness, see United States v. Satterfield, 743 F.2d 827 (11th Cir. 1984), on remand, 599 F. Supp. 958, cert. denied, 471 U.S. 1117 (1985), and kidnapping for the purpose of sexual gratification, see United States v. McBryar, 553 F.2d 433 (5th Cir.), cert. denied, 434 U.S. 862 (1977). Section 2A4.1 of the United States Sentencing Commission's guidelines governs kidnapping offenses.

In 1984, Congress enacted the hostage taking statute to implement the International Convention Against the Taking of Hostages. The statute became effective on January 6, 1985. Hostage taking is defined as the seizing or detention of an individual coupled with a threat to kill, injure or continue to detain such individual in order to compel a third person or governmental organization to take some action. The United States has jurisdiction over the taking of hostages outside the United States (a) if the perpetrator or a hostage is a United States national, (b) if the perpetrator is found in the United States regardless of his nationality, or (c) if the United States is the Government coerced by the hostage taker. See JM 9-60.700, et seq.