If anyone dies as a result of the kidnapping, federal law authorizes a death sentence or life imprisonment without parole. Attempted kidnapping carries up to 20 years in prison. § 1201, you face a sentence of up to life in federal prison. If you are convicted of kidnapping under 18 U.S.C. flag while sailing in international waters. You could go to jail for life if you are convicted of federal kidnapping charges.Īdditionally, federal law prohibits kidnapping if committed within “the special maritime and territorial jurisdiction” and aircraft jurisdiction of the United States, which means you can be charged with federal kidnapping if you abduct a person from a ship or airplane registered or licensed under the laws of the United States, even if that vessel was traveling in international waters.Īs depicted in the movie, pirates kidnapped Captain Phillips from a cargo ship flying the U.S. Using the mail or any means of interstate or foreign commerce to complete an act of kidnapping is also unlawful. If you abduct or carry away any other person and hold him or her for ransom, you commit a federal crime of kidnapping whenever you intentionally take that person out of the state or country. Kidnapping is both a California state and federal crime. Under federal law, when one or more of such persons does any act to effect the object of the conspiracy against the United States, each person is subject to a $250,000 fine (or $500,000 if an organization is involved) and may be imprisoned up to five years. Muse was charged with conspiracy in relation to many of the crimes to which he eventually pled guilty as a result of his role in the true life drama “Captain Phillips.”Ĭonspiracy requires two or more persons acting together to plan to commit a crime. Conspiracy to Commit an Offense (18 U.S.C. The Somali pirate depicted in “Captain Phillips” was lucky to escape this drastic consequence by pleading guilty to kidnapping in exchange for having the piracy charge dropped. However, the law is still enforceable and carries a mandatory life sentence without parole. Piracy under the law of nations has rarely ever been charged in the history of the United States. Pirates target ships and cargo, but threaten international commerce and human life.” Attorney’s Office, “an act of piracy against one nation is a crime against all nations. Pursuant to Section 1651, “whoever, on the high seas, commits the crime of piracy as defined by the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life.”Īccording to the U.S. § 1651)įederal piracy law is governed under Chapter 81 of United States Code. Let’s take a brief look at his charges, and the consequences you would face if you were convicted of committing the same crimes… Piracy under the Law of Nations (18 U.S.C. 16, 2011, Abduwali Muse was sentenced to 33 years in federal prison. District Court on charges including piracy under the law of nations, conspiracy to seize a ship by force, conspiracy to commit hostage-taking and related firearms charges. The FBI brought the Somali pirate leader back to New York to face trial in U.S. The sole survivor, their 18-year-old leader named Abduwali Muse, had been persuaded onto a Navy warship to negotiate for Phillips’ release and was eventually arrested. The Navy killed all but one of the four pirates involved. Navy’s successful rescue effort that followed were the true life inspiration for the Academy Award-nominated feature film “Captain Phillips,” starring Tom Hanks. The Maersk Alabama hijacking and the U.S. It was the first successful pirate seizure of a ship registered under the American flag since the early 19th century. In 2009, the MV Maersk Alabama, a United States vessel, was hijacked in international waters by four Somali pirates hundreds of miles off the coast of Africa. Sounds like a sensational movie plot, doesn’t it? It is…especially since it really happened. The crimes depicted in Captain Phillips were based on real-life events. They demand millions in ransom and threaten to kill everyone on board. Foreign gunmen fire automatic weapons at you as they commandeer the vessel, taking you and your crew members hostage. Suddenly, on the horizon, you spot two skiffs rapidly approaching your ship. Imagine yourself as the captain of a commercial cargo ship, transporting emergency food aid to starving Africans across international waters. Piracy on the High Seas: True Crimes Depicted in “Captain Phillips”
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