Following the Lindbergh kidnapping (the abduction and murder of Charles Lindbergh's toddler son), the United States Congress passed a federal kidnapping statute—known as the Federal Kidnapping Act, (a)(1) (popularly known as the Lindbergh Law, or Little Lindbergh Law)—which was intended to let federal authorities step in and pursue kidnappers once they had crossed state lines with their victim.
History The act was first proposed in December 1931 by Missouri Senator Roscoe Conkling Patterson, who cited several recent kidnappings in Missouri and called for a federal solution."Aims at Kidnapers: Patterson Bill Would Make Abduction a Federal Offense." The Kansas City (Missouri) Times. December 11, 1931. p. 9. Initial resistance to his proposal was based on concerns over funding and state's rights."Lindbergh Baby is Kidnapped; Ransom is Asked." La Crosse Tribune. pp. 1 & 6.
Consideration of the law was revived after the kidnapping of Howard Woolverton in late January 1932."Woolverton Case Revives Kidnaping Bill in Congress." South Bend Tribune, January 28, 1932, p. 1. Woolverton's kidnapping featured prominently in several newspaper series researched and prepared in the weeks following his abduction, and were quite possibly inspired by it. Two such projects, by Bruce Catton of the Newspaper Enterprise Association and Fred Pasley of the Daily News of New York City, were ready for publication within a day or two of the Lindbergh kidnapping. Both series, which ran in papers across North America, described kidnapping as an existential threat to American life, a singular, growing crime wave in which no one was safe.see for example "Kidnapings," New York Daily News, March 14, 1932, p. 17.see for example "Kidnaping Becomes Major Underworld Industry; Chicago Pays Over 2 Million Dollars in Ransom." The Scranton Times-Tribune, March 7, 1932, p. 18.
Following the discovery of Baby Lindbergh's body not far from his home, the act became law in summer 1932. In 1934, the act was amended to provide exception for parents who abduct their own minor children and made a death sentence possible in cases where the victim was not released unharmed.
The theory behind the Lindbergh Law was that federal law enforcement intervention was necessary because state and local law enforcement officers could not effectively pursue kidnappers across state lines. Since federal law enforcement, such as FBI agents and U.S. Marshals, have national law enforcement authority, Congress believed they could do a much more effective job of dealing with kidnappings than could state, county, and local authorities.Theoharis, Athan G. The FBI: a comprehensive reference guide, Greenwood, 1998. . Page 112. Retrieved November 10, 2009 There is a rebuttable presumption of transportation in interstate or foreign commerce if the victim is not released within 24 hours."With respect to subsection (a)(1), above, the failure to release the victim within twenty-four hours after he shall have been unlawfully seized, confined, inveigled, decoyed, kidnapped, abducted, or carried away shall create a rebuttable presumption that such person has been transported in interstate or foreign commerce. Notwithstanding the preceding sentence, the fact that the presumption under this section has not yet taken effect does not preclude a Federal investigation of a possible violation of this section before the 24-hour period has ended.". 18 USC § 1201(b). Additionally, it is likewise an offense to conspire"If two or more persons conspire to violate this section and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life.". 18 USC § 1201(c). or attempt"Whoever attempts to violate [this section] shall be punished by imprisonment for not more than twenty years." 18 USC § 1201(d). to violate the statute. There is also extraterritorial jurisdiction if the offense is against an internationally protected person."If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title and section 46501(2) of title 49. For purposes of this subsection, the term “national of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).". 18 USC § 1201(e).
Only one person, Arthur Gooch, was executed for a federal kidnapping conviction in a case where the victim did not die. Under the current statute, the victim must die for the crime to become a capital offense.18 USC § 1201(a): "and, if the death of any person results, shall be punished by death or life imprisonment." Barring a permitted departure from federal guidelines, kidnapping resulting in death now carries a mandatory life sentence if the perpetrator is an adult."shall be punished by life imprisonment", id. In addition, the law mandates a minimum of 20 years in prison18 USC § 1201(g) if the victim is a minor18 USC 1201(g)(1)(A) and the perpetrator is an adult1201(g)(1)(B) and not a family member.See 18 USC 1201(g)(1)(B)(ii)(I) - (VII), enumerating the family members as per above.
Several states implemented their own versions of this law, known as "Little Lindbergh" laws, covering acts of kidnapping that did not cross state lines. In some states, if the victim was physically harmed in any manner, the crime qualified for capital punishment. This was what occurred in the Caryl Chessman case in California. Following the April 8, 1968 decision by the United States Supreme Court in United States v. Jackson, kidnapping alone no longer constitutes a capital offense.
Notable convictions In what is considered the FBI's first major prosecution of the Act, George "Machine Gun Kelly" Barnes, his wife Kathryn Kelly, Albert L. Bates and others received life sentences for kidnapping Oklahoma oilman Charles F. Urschel in July 1933. Thomas Robert Limerick, sentenced to life in prison for 1935 for the kidnapping of three people during a bank robbery. He was killed during an escape attempt from the Alcatraz Federal Penitentiary in 1938. Arthur Gooch, executed in 1936 for the kidnapping of police officers R.N. Baker and H.R. Marks in Texas, before releasing them alive in Oklahoma. He is the only person executed for a federal kidnapping conviction in a case in which the victim(s) did not die. The crime became a capital offense when Baker was badly injured after being shoved into a glass case, which then broke. Gooch's accomplice, Ambrose Nix, was killed while resisting arrest on December 23, 1934. Samuel Shockley, sentenced to life in prison in 1938 for the kidnapping of Mr. and Mrs. D. F. Pendley during a bank robbery after the jury spared him from execution. He was later convicted of murder for his participation in the Battle of Alcatraz, sentenced to death, and executed in 1948. John Henry Seadlund, executed in 1938 for the kidnapping and murder of Charles Sherman Ross. Seadlund also murdered his accomplice in the kidnapping, James Atwood Gray. Clarence Carnes, sentenced to 99 years in prison in 1945 for the kidnapping of Jack Nance while he was a fugitive. At the time, he had been serving a life sentence for murder in Oklahoma. Carnes was later convicted of murder for his involvement in the Battle of Alcatraz and received another life sentence. He was the only surviving participant to be spared execution, after federal officers testified on his behalf, saying he had rejected orders to kill them. Carnes was paroled in 1973, but returned to prison for parole violations. He died in prison in 1988. Miran Edgar Thompson, sentenced to 99 years in prison in 1945 for the kidnapping of Betty Jim Shelton. He was sentenced to life in prison for a state murder conviction in Texas for killing a police officer after the jury spared him from execution. Thompson was later convicted of murder for his participation in the Battle of Alcatraz, sentenced to death, and executed in 1948. William Edward Cook, sentenced to 300 years in prison in 1951 after pleading guilty to the kidnapping and murder of a family of five, over the objections of the prosecution, who had wanted him executed. After learning that Cook would become eligible for parole in 20 years, the public demanded that he stand trial for another murder he committed in California. He was convicted of that murder, sentenced to death, and executed in 1952. Carl Austin Hall and Bonnie Emily Heady, executed in 1953 for the kidnapping and murder of Bobby Greenlease. George and Michael Krull, sentenced to life in prison in 1956 for the kidnapping and rape of Sunie Jones. They were also federally prosecuted for the rape since it occurred in a national park. The Krulls were both sentenced to death for rape and executed in 1957. These were the last non-military federal executions for rape in the United States. Walter Hill, sentenced to 25 years in prison in 1962 for the kidnapping and robbery of Arthur Phillips. Hill, who had a prior conviction for second degree murder, had his sentence extended by five years after being convicted of voluntary manslaughter for fatally stabbing a fellow inmate. Hill was paroled in 1975, and committed a triple murder in Alabama in 1977. He was sentenced to death in that case and executed in 1997. Melvin Rees, sentenced to life in prison in 1961 for the kidnapping and murder of Mildred Ann Jackson. Rees was also convicted in five murders in Maryland and Virginia, including that of Jackson. He was sentenced to life in prison in Maryland and sentenced to death in Virginia, but was not executed due to his mental incapacity to assist in his own defense. Rees's sentence was commuted to life in prison in 1972 and he died in prison in 1995. Victor Feguer, executed in 1963 for the kidnapping and murder of Doctor Edward Bartels. Richard Frederick Dixon, sentenced to 40 years in prison in 1977 for the hijacking of Eastern Airlines Flight 953. Dixon also received a life sentence in state court for the murder of a police officer in Michigan. He was paroled in 2021 and is now serving his federal sentence. Robert Lee Willie and Joseph Vaccaro, sentenced to life in prison in 1980 for the kidnapping and attempted murder of Mark Allen Brewster, and the kidnapping and rape of Debbie Cuevas. Willie and Vaccaro were later sentenced to death and life in prison, respectively, for a state murder conviction in Louisiana. Willie was executed in 1984. Ming Sen Shiue, sentenced to life in prison in 1980 for the kidnapping and rape of Mary Stauffer, and the kidnapping of her daughter, Elizabeth. He was denied mandatory release and declared a dangerous sexual predator in 2010. Alton Coleman and Debra Brown, serial killers each sentenced to 20 years in prison in 1985 for kidnapping Oline Carmical. Coleman and Brown were later sentenced to death for state murder convictions. Coleman received death sentences in Ohio, Indiana, and Illinois, and Brown received death sentences in Ohio and Indiana. Coleman was executed in Ohio in 2002. Brown later had her death sentences in Ohio and Indiana commuted to life in prison and 140 years, respectively. Andrew Six and his uncle, Donald Petary, were both convicted of kidnapping 12-year-old Kathy Allen from Iowa and later murdered her in Missouri, and sentenced to 200 years' imprisonment in 1987. Six and Petary were both later sentenced to death for a state murder conviction in Missouri. Six was executed in 1997 and Petary died on death row in 1998.