The Federal Kidnapping Statute's Intrastate Reach

In United States v. Windham, the Sixth Circuit decided an issue of first impression: whether using a cell phone and a car inside a single state satisfies the federal kidnapping statute's requirement that an offender "use[] the mail or any means, facility, or instrumentality of interstate or foreign commerce in committing or in furtherance of the commission of the offense." 18 U.S.C. § 1201(a)(1).

Windham pleaded guilty to kidnapping under 18 U.S.C. § 1201(a)(1). As part of his plea agreement, he admitted that he used a cell phone and a motor vehicle in furtherance of the offense.

On appeal, Windham argued that the factual basis for his plea was insufficient to satisfy section 1201(a)(1)'s interstate-commerce requirements. The Sixth Circuit rejected his argument. Examining prior case law, the Court noted that "a statute that speaks in terms of an instrumentality in interstate commerce rather than an instrumentality of interstate commerce is intended to apply to interstate activities only." "Conversely," the Court reasoned, "statutes that refer to instrumentalities of interstate commerce apply to intrastate activities." Because Windham's cell phone and motor vehicle were instrumentalities of interstate commerce even if he used them entirely within a single state, using them satisfied the statute's jurisdictional requirements.