Kidnappings
FBI
Agents Recognized at National Missing Children's
Day Ceremony - May 23, 2002
The Federal
Bureau of Investigation exercises jurisdiction and
investigative responsibilities pursuant to federal
statutes addressing kidnapping under Title 18 of the United States
Code, Sections 1201, 1204, and 1073. Individual FBI Field Offices
throughout the country serve as the primary points
of contact for persons requesting FBI assistance.
The 1982 Missing Children's Act defines a missing child as any individual younger
than eighteen years of age whose whereabouts is unknown to their legal custodian.
The circumstances surrounding the child's disappearance must indicate that
the child may possibly have been removed by another from the control of his
or her legal custodian without the custodian's consent, or the circumstances
of the case must strongly indicate that the child is likely to have been abused
or sexually exploited.
For more
information about current kidnapping, missing person,
and parental kidnapping cases being investigated
by the FBI, visit the Kidnapping, Parental
Kidnapping, and Seeking
Information pages.
NCAVC
The FBI's
National Center for the Analysis of Violent Crime
(NCAVC), part of the FBI's Critical Incident
Response Group (CIRG), is located at the FBI's Training
Academy in Quantico, Virginia. NCAVC combines investigative/operational
support functions, research, and training to provide
free assistance to federal, state, local, and foreign
law enforcement agencies. Members of NCAVC teach
and give presentations at training courses for CAC
Coordinators. In addition, more than 150 FBI Agents
nationwide are designated as NCAVC Coordinators and
provide a necessary and effective link between the
NCAVC, FBI Field Offices, and local law enforcement.
The
Morgan P. Hardiman Child Abduction and Serial Murder
Investigative
Resources Center (CASMIRC) was established through
legislation in 1998 under the NCAVC. According to
the legislation, CASMIRC is "to provide investigative
support through the coordination and provision of
federal law enforcement resources, training, and
application of other multidisciplinary expertise,
to assist federal, state, and local authorities in
matters involving child abductions, mysterious disappearances
of children, child homicide, and serial murder across
the country." CASMIRC is the operational entity
of the FBI that addresses Crimes Against Children.
The NCAVC
has a rapid response element that:
- applies
the most current expertise available in matters
involving missing and exploited children;
- provides
immediate operational assistance to federal, state,
and local law enforcement agencies involved in
violent crime investigations; and
- provides
onsite investigative support through technical
and forensic resource coordination.
Upon
being notified that a child has been abducted, FBI
Field Offices and the NCAVC coordinate an immediate
response to the abduction situation. The National
Child Search Assistance Act of 1990 states that law
enforcement agencies may not observe a waiting period
before accepting a missing child report and that
each missing child that is reported to law enforcement
must be entered immediately into the state law enforcement
system and National Crime Information Center (NCIC).
Established in 1967, NCIC is a nationwide computerized
system that provides law enforcement officers with
ready data regarding wanted persons, stolen property,
and other information.
Vital
to the resolution of these cases, Special Agents
join local law enforcement in coordinating and conducting
comprehensive investigations. FBI Evidence
Response Team personnel
may conduct the forensic investigation of the abduction
site, while a Rapid Start Team may immediately be
deployed to coordinate and track investigative leads,
which often number in the thousands.
CHILD
ABDUCTIONS - NO RANSOM
During a kidnapping investigation, the FBI's primary objective is to effect
the safe return of the kidnapped victim. Secondary objectives include the identification,
apprehension, and prosecution of the subject(s) and recovering any ransom payments.
Each Field Office establishes effective liaison which will ensure that local
law enforcement agencies are made aware of the FBI's resources, legal jurisdiction,
and investigative policy concerning child abductions.
Field
Offices will respond to cases involving the mysterious
disappearance of a child whenever and however they
come to the attention of FBI personnel. All reports
of circumstances which indicate a minor has, or possibly
has, been abducted are afforded an immediate Preliminary
Inquiry. In order for the FBI to initiate any investigation,
it must have specific facts which indicate that a
violation of federal law within the FBI's jurisdiction
may have occurred. In the Preliminary Inquiry, the
FBI will evaluate all evidence, circumstances, and
information to determine if an investigation is warranted
under the Federal Kidnapping Statute of Title 18 USC Section 1201.
If such an investigation is warranted, the FBI will
immediately enter the investigation in partnership
with state and local authorities in an effort to
fully determine the case status.
Research has indicated that subjects who abduct children typically are not
first-time offenders, but are serial offenders who often travel during the
commission of multiple sexual offenses against children. Interstate travel
by the offender could predicate prosecution under Sections
2421, 2422, or 2423(a)(b), of Title 18 USC, which make it a federal violation for
a person to travel in interstate commerce for the purpose of engaging in any
sexual act with a person under 18 years of age.
PARENTAL
KIDNAPPINGS - DOMESTIC AND INTERNATIONAL
There
are basically two federal criminal investigative
options and one civil (non-criminal) method that
may be pursued when a child is abducted by a parent
and taken over state lines and/or outside the United
States.
- International
Parental Kidnapping Crime Act (IPKCA) of 1993:
A violation where a criminal arrest warrant is
issued for a parent who takes a juvenile under
16-years of age outside of the United States without
the other custodial parent's permission.
- Unlawful
Flight to Avoid Prosecution (UFAP) - Parental Kidnapping:
A criminal arrest warrant can be issued for an
abducting parent who flees interstate or internationally
when criminal charges are filed in a state jurisdiction
and that state requests FBI assistance.
- Hague
Convention on the Civil Aspects of International
Child Abduction: A civil (non-criminal) process
to facilitate the return of an abducted child under
16 years of age to the country from which they
were abducted if the countries involved are signatories
to the Hague Convention.
The
International Parental Kidnapping Crime Act of 1993
and the UFAP - Parental Kidnapping statutes are both
criminal processes seeking the arrest and
prosecution of the abducting parent. In no way do either of these criminal
procedures specifically order the return of the child, although the child
is usually returned upon apprehension of the abducting parent. In contrast,
the Hague Convention on the Civil Aspects of International Child Abduction
is a civil procedure to facilitate the return of the child, but in no way
seeks the arrest or the return of the abductor. Therefore, a criminal process
would not be pursued when circumstances indicate that it will jeopardize
an active Hague Convention civil process.
Based on these considerations, it is FBI policy that the initiation of any
criminal process regarding international parental kidnappings will be made
on a case-by-case basis considering all the factors and guidance among the
affected state and federal law enforcement agencies, affected state and/or
federal prosecutors, the Department of State, the Department of Justice, and
the parent left behind.
The FBI has no investigative jurisdiction outside the United States, except
on the high seas and other locations specifically granted by Congress. Therefore,
assistance in locating missing children in other countries is limited to liaison
with foreign law enforcement authorities through the U.S. Department of State,
the FBI's Legal
Attaché program,
and Interpol.
UNLAWFUL
FLIGHT TO AVOID PROSECUTION - PARENTAL KIDNAPPING
The FBI's authority in parental kidnapping cases stems from part of the Fugitive
Felon Act as part of Title 18, United States Code, Section
1073 - UFAP. Although
this statute most commonly applies to fugitives who flee interstate and/or
internationally to avoid prosecution, custody, or confinement, Congress has
specifically declared the statute as applicable in cases involving interstate
or international parental kidnapping as well. Because many fugitives flee with
their own children, the statute serves as an effective means for FBI to assist
local and state law enforcement arrest these fugitives as interstate or international
parental abductors.
In any parental kidnapping case, a UFAP - Parental Kidnapping arrest warrant
may be issued for the abducting parent who takes their child(ren) interstate
or internationally. In order for the FBI to assist with a UFAP warrant, the
following criteria must be met:
- There
must be probable cause to believe the abducting
parent has fled interstate or internationally to
avoid prosecution or confinement.
- The
state authorities must have an outstanding warrant
for the abductor's arrest charging him/her with
a felony under the laws of the state from which
the fugitive flees.
- The
state authorities must agree to extradite and prosecute
that fugitive from anywhere in the U.S. the subject
is apprehended by the FBI.
- The
local prosecuting attorney or police agency should
make a written request to the United States Attorney
for FBI assistance.
- The
United States Attorney must authorize the filing
of a complaint and the federal arrest process must
be outstanding prior to the time that investigation
is instituted.
THE
HAGUE CONVENTION ON THE CIVIL ASPECTS OF NTERNATIONAL
CHILD ABDUCTION
To assist
with the recovery of children abducted internationally,
the United States implemented federal legislation
under the International Child Abduction Remedies
Act by signing the Hague Convention on the Civil
Aspects of International Child Abduction in 1988.
The Hague Convention is an agreement among its signatories
that states:
...a
child under 16 years of age who is habitually resident
in a country party to the Hague Convention, and who
is removed to or retained in another country party
to the Convention in breach of the left-behind parent's
custody rights, shall be promptly returned to the
country of habitual residence.
Signatory
countries of the treaty are obligated, with certain
limited exceptions and conditions, to return an internationally
abducted child under 16 years of age to the country
from which they habitually reside if an application
to the Hague Convention is made within one year from
the date of the wrongful abduction. The Hague Convention
only applies to abductions between countries who
have signed the treaty.
Each
country that is a party to the Convention has designated
a Central Authority to carry out specialized duties
under the Convention. The U.S. Department of State,
Office of Children's Issues, has been designated
as the Central Authority under the Hague Convention
for the United States because the FBI has no investigative
jurisdiction outside the United States, except as
specifically granted by Congress. FBI assistance
in locating missing children in other countries is
limited to our liaison with foreign law enforcement
authorities through the FBI
Legal Attaché Program and INTERPOL.
Questions concerning the Hague Convention should be addressed to the Department
of State, Office of Children's Issues at: http://www.travel.state.gov/children's_issues.html
Office
of Children's Issues
U.S. Department of State
2201 C. Street, NW
SA-22, Room 2100
Washington, D.C. 20520-4818
(202) 736-7000
(202) 312-9743 fax
Individual
FBI Field Offices serve as primary points of contact
for persons requesting FBI assistance. For further
information about FBI services or to request assistance,
please contact a Crimes Against Children Coordinator
at your local FBI Field Office.