http://www.hiltonhouse.com/codes/18usc1204_fed.txt
International Parental Kidnapping Crime Act of 1993
18 U.S.C. 1204
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PUBLIC LAW 103-173
103rd Congress -- 1st Session
H.R. 3378
103 P.L. 173; 1993 H.R. 3378; 107 Stat. l998
An Act
DEC. 02, 1993 - PUBLIC LAW 103-173
TEXT:
To amend title 18, United States Code, with respect to
parental kidnapping, and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE .
This Act may be cited as the "International Parental
Kidnapping Crime Act of 1993".
SECTION 2. TITLE 18 AMENDMENT.
(a) In General. -- Chapter 55 (relating to kidnapping) of
title 18, United States Code, is amended by adding at the end the
following:
"Sec. 1204. International parental kidnapping
"(a) Whoever removes a child from the United States 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 --
"(l) 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 and was in effect at the time of the
offense;
"(2) the defendant was fleeing an incidence or pattern oœ
domestic violence;
"(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."
(b) Sense of the Congress. -- 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.
(c) Clerical Amendment.-The table of sections at the
beginning of chapter 55 of Title 18, United States Code, is
amended by adding at the end the following: "1204.
International parental kidnapping.".
SECTION 3. STATE COURT PROGRAMS REGARDING INTERSTATE AND
INTERNATIONAL PARENTAL CHILD ABDUCTION.
There is authorized to be appropriated $250,000 to carry
out under the State Justice Institute Act of 1984 (42 U.S.C.
10701-10713) national, regional, and in-State training and
educational programs dealing with criminal and civil aspects of
interstate and international parental child abduction.
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