Amends the Federal criminal code to punish as a Federal criminal offense acts of international parental child kidnapping.
Subjects any individual who removes a child from, or conceals or detains a child outside, the territorial jurisdiction of the United States for payment or promise of payment at the instruction of a person who has not been granted custody of the child by a court of law to a fine, up to three years' imprisonment, or both.
Sets forth as affirmative defenses that the defendant: (1) acted within the provisions of a valid court order granting the defendant legal custody or visitation rights, and that such order was obtained pursuant to the Uniform Child Custody Jurisdiction Act and was in effect at the time of the offense; (2) was fleeing an incidence or pattern of domestic violence; or (3) 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, subject to specified conditions.
Directs the U.S. Sentencing Commission to ensure that sentencing guidelines reflect the appropriateness of imposing a greater sentence than would otherwise be imposed for such offense under specified circumstances, such as where the defendant abused or neglected the kidnapped child or the defendant committed the offense while armed with a deadly weapon.
Specifies that if a child was removed from the territorial jurisdiction of the United States prior to the enactment of this Act, charges under this Act may be approved only in cases involving the concealing or detaining of the child in violation of a court order that existed at the time of the child's removal from the territorial jurisdiction of the United States.
Authorizes appropriations to conduct national, regional, and State training and education programs on criminal and civil aspects of international and interstate parental child abduction under the State Justice Institute Act of 1984.
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
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