Under the federal kidnapping statute, the crime of kidnapping is a continuing offense, and limitations begin to run only after the victim ceases to be held. A prosecution for abduction or kidnapping must be instituted within the time limited by statute for the commencement of such a criminal proceeding.
Where the government uses the interim period of two months between acquittal on state kidnapping charges and a federal reindictment for violation of the federal kidnapping statute, to obtain department of justice approval for a successive prosecution, the interim period does not give rise to a due process violation. When there is no evidence that the delay is motivated by bad faith on the prosecution’s part or prejudices the defense, the interim period does not give rise to a due process violation. Moreover, such a preindictment delay does not violate the Speedy Trial Act.