In certain circumstances, federal authority may be exercised if a New York resident is kidnapped. This may be true if a person is taken across state lines or if the kidnapping involves a protected foreign national. In some cases, the federal government will get involved in cases where a parent has taken a child out of the country if that child is under the age of 16.
In addition to being removed from the country, a parent would need to take such action in order to interfere with the other parent's rights. However, this is not the only kidnapping offense against a minor that may be subject to federal jurisdiction. Those who are over the age of 18 who kidnap people under the age of 18 may face harsher penalties if convicted. This may not apply if the individual is a parent, grandparent or sibling of the child or if the person with the child has legal custody of the minor.
Federal jurisdiction may apply in a kidnapping case involves a United States agent. This may also be true in cases that happen in other countries involving a citizen of the country. Furthermore, if an individual sought on kidnapping charges is later found in the United States, federal jurisdiction may apply in the matter.
Those who have been handed these types of federal criminal charges may face a variety of penalties if convicted. These penalties may include many years in prison. An attorney may be able to help an individual create a defense to a federal kidnapping charge. For instance, it may be possible to show that federal kidnapping did not happen because a child was not taken across state lines or that the child was over the age of 16 when taken to another country.