Graphic of a blue block spacer
Graphic of the FBI Seal and U.S. Flag and link to FBI Homepage
 
Graphic link to FBI Priorities
Graphic link to About Us
Graphic link to Press Room
Graphic link to What We Investigate
Graphic link to Counterterrorism
Link to Intelligence Program
Graphic link to Most Wanted
Graphic link to Law Enforcement Services
Graphic link to Your Local FBI Office
Graphic link to Reports and Publications
Graphic link to FBI History
Graphic link to For the Family
Graphic link to Freedom Of Iinformation Act Library / Requests
Graphic link to Employment
Graphic link to How Do I..?
Graphic link to Search

Graphic link to  Home

 

Graphic link to Submit a Tip
Graphic link to Apply Today
Graphic link to Links
Graphic link to Contact Us
Graphic link to Site Map
Graphic link to Privacy Policy
Investigative Programs
Crimes Against Children
 


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.

Kidnappings

Online Child Pornography

CAC Coordinators
National Sex Offender Registry
State Sex Offender Registry Web Sites
Federal Statutes
Child Support Recovery Act
National Center for Missing and Exploited Children
Two FBI Agents Recognized at National Missing Children's Day Ceremony
Investigating Crimes Against Children Brochure
Text Only Version
Investigating Crimes Against Children Brochure
Portable Document File (PDF) Version
Additional Resources
CAC Homepage