![]() (2) If the conduct required for the offense occurred inside the United States, each alleged offender and each person seized or detained are nationals of the United States, and each alleged offender is found in the United States, unless the governmental organization sought to be compelled is the Government of the United States. (A) the offender or the person seized or detained is a national of the United States (B) the offender is found in the United States or (C) the governmental organization sought to be compelled is the Government of the United States. (1) If the conduct required for the offense occurred outside the United States unless. (b) It is not an offense under this section: (a) Except as provided in subsection (b) of this section, whoever, whether inside or outside the United States, seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so, shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment. However, under Subsection B, an offender may be indicted under the Act even if the hostage-taking occurred outside the territory of the United States if the "offender or the person seized or detained is a national of the United States the offender is found in the United States or the governmental organization sought to be compelled is the Government of the United Stages." These provisions are consistent with the fundamental principles of international criminal law, specifically active nationality principle, universal principle, and the effects principle, respectively. Generally, the Act applies to conduct occurring within the territory of the United States. The United States makes hostage-taking a criminal offense pursuant to 18 U.S.C. 712 would impose private-sector mandates by prohibiting entities in the United States from engaging in activities that would otherwise be permitted under current law, such as accessing property that would be frozen by the sanctions.United States federal criminal law prohibitting hostage-taking 712 would have insignificant effects on the federal budget and would, on net, reduce the deficit by insignificant amounts over the 2020-2030 period. ![]() Finally, the department would be required to develop guidance and disseminate information to government officials and to family members of hostages and detainees on the resources that are available to obtain information about, access to, or the release of those people.ĬBO estimates that enacting S. nationals who have been detained overseas, determine whether those nationals are being illegally or improperly held, and report annually to the Congress on those determinations. The bill also would require the Department of State to review the cases of U.S. nationals hostage, and it would codify the roles and responsibilities of federal agencies involved in freeing hostages. 712 would authorize the President to impose sanctions on individuals who are responsible for holding U.S.
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