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 USC 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 pursuant 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