Assignment Task: We often do not focus on kidnapping when discussing sentencing guidelines, particularly as the crime relates to jurisdiction. While prosecution in most kidnapping cases is under state jurisdiction, cases may be prosecuted in federal court if state lines are crossed. There is also a variation in kidnapping state and federal laws. For example, kidnapping under federal jurisdiction can result in a sentence of up to 20 years or more, based on the defendant's prior criminal history and other mitigating factors (18 U.S.C. § 1201). This statute pertains explicitly to the obstruction of the lawful exercise of parental rights in the United States.
On the other hand, because sentencing for international parental kidnapping is based on a separate United States Code, the sentence may only be 3 years (18 U.S.C. § 1204). Conversely, prosecution for international kidnapping is generally carried out in the country the child was taken. Hence, international law will factor in the child's return because prosecutors in the United States typically have no control over foreign authorities' decisions regarding the child's return to the United States.
References:
18 United States Code, Section 1201.
18 United States Code, Section 1204.