18 U.S.C. § 1204

International parental kidnapping

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(a) Whoever removes a child from the United States, or attempts to do so, or retains a child (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights shall be fined under this title or imprisoned not more than 3 years, or both.(b) As used in this section—(1) the term “child” means a person who has not attained the age of 16 years; and(2) the term “parental rights”, with respect to a child, means the right to physical custody of the child—(A) whether joint or sole (and includes visiting rights); and(B) whether arising by operation of law, court order, or legally binding agreement of the parties.(c) It shall be an affirmative defense under this section that—(1) the defendant acted within the provisions of a valid court order granting the defendant legal custody or visitation rights and that order was obtained pursuant to the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act and was in effect at the time of the offense;(2) the defendant was fleeing an incidence or pattern of domestic violence; or(3) the defendant had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant’s control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible.(d) This section does not detract from The Hague Convention on the Civil Aspects of International Parental Child Abduction, done at The Hague on October 25, 1980.(Added Pub. L. 103–173, § 2(a), Dec. 2, 1993, 107 Stat. 1998; amended Pub. L. 108–21, title I, § 107, Apr. 30, 2003, 117 Stat. 655.)Editorial NotesAmendments

2003—Subsec. (a). Pub. L. 108–21, § 107(1), inserted “, or attempts to do so,” before “or retains”.

Subsec. (c)(1). Pub. L. 108–21, § 107(2)(A), inserted “or the Uniform Child Custody Jurisdiction and Enforcement Act” before “and was”.

Subsec. (c)(2). Pub. L. 108–21, § 107(2)(B), inserted “or” after semicolon at end.

Statutory Notes and Related SubsidiariesSense of Congress Regarding Use of Procedures Under The Hague Convention on the Civil Aspects of International Parental Child Abduction

Pub. L. 103–173, § 2(b), Dec. 2, 1993, 107 Stat. 1999, provided that: “It is the sense of the Congress that, inasmuch as use of the procedures under the Hague Convention on the Civil Aspects of International Parental Child Abduction has resulted in the return of many children, those procedures, in circumstances in which they are applicable, should be the option of first choice for a parent who seeks the return of a child who has been removed from the parent.”

Notes of Decisions

Cited in 123 cases (15 in the last 5 years), 1996–2026 · leading case: United States v. Miller, 626 F.3d 682 (2d Cir. 2010).

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United States v. Miller, 626 F.3d 682 (2d Cir. 2010). · cites it 10× “) entered February 29, 2008, following a jury trial, convicting her of one count of international parental kidnapping in violation of 18 U.S.C. § 1204 . On appeal, Favreau argues that the district court erred in excluding evidence of her appeal in child custody litigation…”

United States v. Fazal-Ur-Raheman-Fazal, 355 F.3d 40 (1st Cir. 2004). · cites it 11× “See 18 U.S.C. §§ 1204 (“International Parental Kidnapping Crime Act” or “IPECA”) and 2511(l)(a).”

United States v. Cole Cameron Cummings, AKA Coleman Cameron Cummings, 281 F.3d 1046 (9th Cir. 2002). · cites it 5× “Subsequently, the United States indicted Cummings under the International Parental Kidnapping Crime Act (“IPKCA”), 18 U.S.C. § 1204 (a), for four counts of kidnapping.”

United States v. Homaune, 898 F. Supp. 2d 153 (D.D.C. 2012). · cites it 7× “Analysis The one-count Indictment charges Homaune with international parental kidnapping, in violation of 18 U.S.C. § 1204 . That statute provides: (a) Whoever removes a child from the United States, or attempts to do so, or retains a child (who has been in the United States)…”

United States v. Ahmed Amer, 110 F.3d 873 (2d Cir. 1997). · cites it 5× “NEWMAN, Chief Judge: This appeal concerns several issues arising from a conviction for violation of the International Parental Kidnapping Crime Act (“IPK-CA” or “the Act”), 18 U.S.C. § 1204 . The IPKCA bars a parent from removing a child from the United States or retaining…”

United States v. Khalid A. Shalhoub, 855 F.3d 1255 (11th Cir. 2017). · cites it 3× “In 1997, a grand jury indicted Khalid Shalhoub on one count of international parental kidnapping, 18 U.S.C. § 1204 . Shalhoub lives in Saudi Arabia and has never been arrested.”

United States v. Mobley, 971 F.3d 1187 (10th Cir. 2020). · cites it 3× “The government prosecuted Osipova for international parental kidnapping, 18 U.S.C. § 1204 , and extortionate interstate communications, 18 U.”

United States v. Coplan, 703 F.3d 46 (2d Cir. 2012). · cites it 2× “2005) (holding that the intent element of the parental kidnapping statute, 18 U.S.C. § 1204 , “merely speaks to the offender’s mens rea as he commits the conduct essential to the crime; it is plainly not an ‘essential conduct element’ as required by Rodriguez-Moreno”); Ramirez,…”

United States v. Carlo Alberto Ventre, 338 F.3d 1047 (9th Cir. 2003). · cites it 4× “After the child and Ventre returned to the United States, a federal grand jury indicted him on one count of kidnapping in violation of the International Parental Kidnapping Crime Act of 1993, 18 U.S.C. § 1204 , (“IPKCA”). Ventre pled guilty to the charge pursuant to a plea…”

Ogawa v. Ogawa, 221 P.3d 699 (Nev. 2009). · cites it 2× “9 To help fill the enforcement gap left by the Hague Convention and ICARA, Congress enacted the International Parental Kidnapping Crime Act (IPKCA), 18 U.S.C. § 1204 (a)-(d) (2006), under which the United States Attorney’s office can pursue criminal penalties against a parent…”

United States v. Sarah Nixon, 901 F.3d 918 (7th Cir. 2018). · cites it 3× “18 U.S.C. § 1204 . She has been sentenced to 26 months in prison.”

United States v. Houtar, 980 F.3d 268 (2d Cir. 2020). · cites it 6× “18 U.S.C. § 1204 (a). To establish a violation of the IPKCA, the government must prove: (1) that the child had previously been in the United States; (2) that the defendant took the child from the United States to another country or kept the child from returning to the United…”

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— 18 U.S.C. § 1204(a) — 2 cases

Scarlett Rebecca Kogel v. Thomas Wyatt Robertson (Tex. App. 2005).

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