International Parental Kidnapping Crime Act of 1993
PL 103-173 (H.R.3378), enacted 12/02/1993

107 STAT. 1998 
PUBLIC LAW 103-173—DEC. 2, 1993 
Public Law 103-173 
103d Congress 
An Act 
Dec. 2, 1993 
To amend title 18, United States Code, with respect to parental kidnapping, and 
[H.R. 3378] 
for 
other purposes. 
Be it enacted by the Senate and House of Representatives of 
International 
the United States of 
America in Congress assembled. 
Parental 
Kidnapping 
SECTION 1. SHORT TITLE. 
Crime Act of 
1993. 
This Act may be cited as the "International Parental Kidnap-
18 use 1201 
ping Crime Act of 1993". 
note. 
*^ ° 
SEC. 2. TITLE 18 AMENDMENT. 
(a) IN GENERAL.—Chapter 55 (relating to kidnapping) of title 
18, United States Code, is amended by adding 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 lawful 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 amrmative defense under this section 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 obtained pursuant to the Uniform 
Child Custody Jiirisdiction Act and was in effect at the time 
of theofiTense; 
"(2) the defendant was fleeing an incidence or pattern 
of domestic violence; 
"(3) the defendant had physical custody of the child pursu-
ant 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, 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 
, 
PUBLIC LAW 103-173—DEC. 2, 1993 
107 STAT. 1999 
after the visitation period had expired 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 18 use 1204 
that, inasmuch as use of the procedures under the Hague Conven- ^°^^-
tion on the Civil Aspects of International Parental Child Abduction 
has resulted in the return 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 begin-
ning of chapter 55 of title 18, United States Code, is amended 
by adding at the end the following: 
"1204. International parental kiiinapping.". 
SEC. 3. STATE COURT PROGRAMS REGARDING INTERSTATE AND Appropriation 
INTERNATIONAL PARENTAL CHILD ABDUCTION. 
authorization. 
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. 
Approved December 2, 1993. 
LEGISLATIVE HISTORY—H.R. 3378: 
HOUSE REPORTS: No. 103-390 (Coram, on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
Nov. 20, considered and peissed House and Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 29 (1993): 
Dec. 2, Presidential statement.