U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 55— KIDNAPPING

18 U.S.C. § 1203

Hostage taking

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(a) Except as provided in subsection (b) of this section, whoever, whether inside or outside the United States, seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so, shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment.(b)(1) It is not an offense under this section if the conduct required for the offense occurred outside the United States unless—(A) the offender or the person seized or detained is a national of the United States;(B) the offender is found in the United States; or(C) the governmental organization sought to be compelled is the Government of the United States.(2) It is not an offense under this section if the conduct required for the offense occurred inside the United States, each alleged offender and each person seized or detained are nationals of the United States, and each alleged offender is found in the United States, unless the governmental organization sought to be compelled is the Government of the United States.(c) As used in this section, the term “national of the United States” has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).(Added Pub. L. 98–473, title II, § 2002(a), Oct. 12, 1984, 98 Stat. 2186; amended Pub. L. 100–690, title VII, § 7028, Nov. 18, 1988, 102 Stat. 4397; Pub. L. 103–322, title VI, § 60003(a)(10), Sept. 13, 1994, 108 Stat. 1969; Pub. L. 104–132, title VII, § 723(a)(1), Apr. 24, 1996, 110 Stat. 1300.)Editorial NotesAmendments

1996—Subsec. (a). Pub. L. 104–132 inserted “or conspires” after “attempts”.

1994—Subsec. (a). Pub. L. 103–322 inserted before period at end “and, if the death of any person results, shall be punished by death or life imprisonment”.

1988—Subsec. (c). Pub. L. 100–690 substituted “(c) As” for “(C) As”.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 98–473, title II, § 2003, Oct. 12, 1984, 98 Stat. 2186, provided that: “This part [part A (§§ 2001–2003) of chapter XX of title II of Pub. L. 98–473, enacting this section and provisions set out as a note under section 1201 of this title] and the amendments made by this part shall take effect on the later of—“(1) the date of the enactment of this joint resolution [Oct. 12, 1984]; or“(2) the date the International Convention Against the Taking of Hostages has come into force and the United States has become a party to that convention [the convention entered into force June 6, 1983; and entered into force for the United States Jan. 6, 1985].”

Notes of Decisions
Cited in 238 cases (32 in the last 5 years), 1975–2026 · leading case: United States v. Mikhel, 889 F.3d 1003 (9th Cir. 2018).
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United States v. Mikhel, 889 F.3d 1003 (9th Cir. 2018). · cites it 8× “After a five-month trial, a jury convicted them of several federal crimes, including multiple counts of hostage taking resulting in death under the Hostage Taking Act, 18 U.S.C. § 1203 . As summarized below, the evidence that Mikhel and Kadamovas did these things—and did them…”
United States v. Luis Cedillo-Narvaez, 761 F.3d 397 (5th Cir. 2014). · cites it 16× “§ 1324 (a)(1)(A)(iii), (a)(1)(A)(v)(II) & (a)(1)(B)(i); and (3) one count of conspiracy to hostage taking in violation of 18 U.S.C. § 1203 (a) & 2 (“Count Five”). Luis Cedillo pleaded guilty to Count Five pursuant to a plea agreement with the Government.”
United States v. Vega-Molina, 407 F.3d 511 (1st Cir. 2005). · cites it 5× “Count 4 charged all four appellants with conspiring to take a hostage, in violation of 18 U.S.C. § 1203 (a). Count 5 charged that Zufiiga, Villega, and Vega had killed Muñoz as retaliation against FE for having reported Mufioz’s kidnaping to the FBI, in violation of 18 U.”
United States v. Felix Corporan-Cuevas, 244 F.3d 199 (1st Cir. 2001). · cites it 12× “§ 371 , to violate the federal Hostage Taking statute, 18 U.S.C. § 1203 , and (count II) aiding and abetting, under 18 U.”
United States v. Ali, 885 F. Supp. 2d 17 (D.D.C. 2012). · cites it 19× “§§ 1651 , 2 (Count Two); conspiracy to commit hostage taking under 18 U.S.C. § 1203 (Count Three); 3 and hostage taking and aiding and abetting under 18 U.”
United States v. Clarke, 767 F. Supp. 2d 12 (D.D.C. 2011). · cites it 7× “Twelve defendants were extradited from Trinidad to the United States over the course of two years, to face charges of conspiracy to commit hostage taking resulting in death in violation of 18 U.S.C. § 1203 (“Hostage Taking Act”), and aiding and abetting hostage taking resulting…”
United States v. Ahmed Brika, 487 F.3d 450 (6th Cir. 2007). · cites it 4× “He was convicted of using a telephone to extort money in exchange for the release of a kidnapped *453 person, in violation of 18 U.”
Keo Ratha v. Phatthana Seafood Co., Ltd., 35 F.4th 1159 (9th Cir. 2022). · cites it 3× “As relevant here, the defendant in Yunis challenged his conviction under the Hostage Taking Act, 18 U.S.C. § 1203 , and argued that 8 “Universal jurisdiction” applies to “certain offenses recognized by the community of nations as of universal concern, such as piracy, slave…”
United States v. Clarke, 628 F. Supp. 2d 1 (D.D.C. 2009). · cites it 8× “Defendants Zion Clarke, Ricardo DeF-our, Kevon Demerieux, Anderson Straker, Wayne Pierre, Christopher Sealey, and Kevin Nixon were extradited from the Republic of Trinidad and Tobago (“Trinidad”) to the United States in July 2007 and August 2008 to face charges of conspiracy to…”
United States v. Pedro Rafael Caraballo-Martinez, 866 F.3d 1233 (11th Cir. 2017). · cites it 2× “*1236 On June 2, 2000, after a 16-day trial, a jury convicted Caraballo and his two code-fendants of: (1) conspiracy to commit hostage takings in violation of 18 U.S.C. § 1203 (a) (Count 1); (2) hostage taking, in violation of 18 U.”
United States v. Mohammad Shibin, 722 F.3d 233 (4th Cir. 2013). · cites it 6× “Conspiracy to commit hostage taking, in violation of 18 U.S.C. § 1203 (a); 3. Hostage taking, in violation of 18 U.”
United States v. Hung Shun Lin, A/K/A Chang Wu, 101 F.3d 760 (D.C. Cir. 1997). · cites it 7× “WALD, Circuit Judge: On April 13, 1995, appellants Hung Shun Lin (“Lin”) and Qui Gao (“Gao”) were convicted by a jury of hostage-taking, in violation of 18 U.S.C. § 1203 . Lin was also convicted of two counts of using or carrying a firearm during and in relation to a crime of…”
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