Kidnapping/Missing Persons—Prosecution Policy

It is been the policy of the Federal Bureau of Investigation (FBI) that, except in parental kidnapping matters, every reported kidnapping in which circumstances indicate an actual abduction has taken place is afforded an immediate preliminary investigation to determine whether a full investigation under the Federal kidnapping statute is warranted.

It is the policy of the Criminal Division to review any decision made by the FBI not to conduct an investigation in those missing persons cases wherein the facts indicate possible violations of the Federal kidnapping statute. Under this policy, the FBI will refer information concerning questionable missing person cases to the Criminal Division. The Division will thoroughly review such information, and if deemed warranted, will request the FBI to commence a kidnapping investigation.

Concern as to the adequacy of the investigative guidelines in situations where much younger children are missing has prompted the FBI to adopt the practice of immediate involvement. With regard to missing children of very tender years, in many cases an abduction may be assumed, so as to warrant an immediate preliminary kidnapping investigation by the FBI.

United States Attorneys who become aware of a missing person case in their district which may involve a kidnapping should insure that such information is brought to the attention of the Criminal Division. Questions concerning this policy should be directed to attorneys of the Violent Crime and Racketeering Section if it is a domestic matter or a racketeering-related international matter or the Human Rights and Special Prosecutions Section if it involves a non-racketeering related international matter.

[updated January 2020]