I
103D CONGRESS
1ST SESSION
H. R. 3378
To amend title 18, United States Code, with respect to parental kidnapping,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 27, 1993
Mr. GEKAS introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To amend title 18, United States Code, with respect to
parental kidnapping, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘International Parental
Kidnapping Crime Act of 1993’’.
SEC. 2. TITLE 18 AMENDMENT.
(a) IN GENERAL.—Chapter 55 (relating to kidnap-
ping) of title 18, United States Code, is amended by add-
ing at the end the following:
‘‘§ 1204. International parental kidnapping
‘‘(a) Whoever removes a child from the United States
or retains a child (who has been in the United States)
outside the United States with intent to obstruct the law-
ful exercise of parental rights shall be fined under this
title or imprisoned not more than 3 years, or both.
‘‘(b) As used in this section—
‘‘(1) the term ‘child’ means a person who has
not attained the age of 16 years; and
‘‘(2) the term ‘parental rights’, with respect to
a child, means the right to physical custody of the
child—
‘‘(A) whether joint or sole (and includes
visiting rights); and
‘‘(B) whether arising by operation of law,
court order, or legally binding agreement of the
parties.
‘‘(c) It shall be an affirmative defense under this sec-
tion that—
‘‘(1) the defendant acted within the provisions
of a valid court order granting the defendant legal
custody or visitation rights and that order was ob-
tained pursuant to the Uniform Child Custody Ju-
risdiction Act and was in effect at the time of the
offense;
‘‘(2) the defendant was fleeing an incidence or
pattern of domestic violence;
‘‘(3) the defendant had physical custody of the
child pursuant to a court order granting legal cus-
tody or visitation rights and failed to return the
child as a result of circumstances beyond the defend-
ant’s control, and the defendant notified or made
reasonable attempts to notify the other parent or
lawful custodian of the child of such circumstances
within 24 hours after the visitation period had ex-
pired and returned the child as soon as possible.
‘‘(d) This section does not detract from The Hague
Convention on the Civil Aspects of International Parental
Child Abduction, done at The Hague on October 25,
1980.’’.
(b) SENSE OF THE CONGRESS.—It is the sense of
the Congress that, inasmuch as use of the procedures
under the Hague Convention on the Civil Aspects of Inter-
national Parental Child Abduction has resulted in the re-
turn of many children, those procedures, in circumstances
in which they are applicable, should be the option of first
choice for a parent who seeks the return of a child who
has been removed from the parent.
(c) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 55 of title 18, United States
Code, is amended by adding at the end the following:
‘‘1204. International parental kidnapping.’’.
SEC. 3. STATE COURT PROGRAMS REGARDING INTER-
STATE 
AND 
INTERNATIONAL 
PARENTAL
CHILD ABDUCTION.
There is authorized to be appropriated $250,000 to
carry out under the State Justice Institute Act of 1984
(42 U.S.C. 10701–10713) national, regional, and in-State
training and educational programs dealing with criminal
and civil aspects of interstate and international parental
child abduction.
Æ