[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3438 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3438

   To amend title 18, United States Code, to prohibit taking a child 
                   hostage in order to evade arrest.


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                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 1998

 Mrs. Kelly (for herself, Mr. Frost, and Mr. Traficant) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, to prohibit taking a child 
                   hostage in order to evade arrest.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CHILD HOSTAGE-TAKING TO EVADE ARREST OR OBSTRUCT JUSTICE.

    (a) In General.--Chapter 55 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1205. Child hostage-taking to evade arrest or obstruct justice
    ``(a) In General.--Whoever uses force or threatens to use force 
against any officer or agency of the Federal Government, and seizes or 
detains, or continues to detain, a child in order to--
            ``(1) obstruct, resist, or oppose any officer of the United 
        States, or other person duly authorized, in serving, or 
        attempting to serve or execute, any legal or judicial writ, 
        process, or warrant of any court of the United States; or
            ``(2) compel any department or agency of the Federal 
        Government to do or to abstain from doing any act;
or attempts to do so, shall be punished in accordance with subsection 
(b).
    ``(b) Sentencing.--Any person who violates subsection (a)--
            ``(1) shall be imprisoned not less than 10 years and not 
        more than 25 years;
            ``(2) if injury results to the child as a result of the 
        violation, shall be imprisoned not less than 20 years and not 
        more than 35 years; and
            ``(3) if death results to the child as a result of the 
        violation, shall be subject to the penalty of death or be 
        imprisoned for life.
    ``(c) Definition.--For purposes of this section, the term `child' 
means an individual who has not attained the age of 18 years.''.
    (b) Clerical Amendment.--The table of sections for chapter 55 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``1205. Child hostage-taking to evade arrest or obstruct justice.''.
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