US (United States) Code. Title 18. Chapter 51: Homicide

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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18 USC CHAPTER 51 - HOMICIDE 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 51 - HOMICIDE

.

-HEAD-

CHAPTER 51 - HOMICIDE

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Sec.

1111. Murder.

1112. Manslaughter.

1113. Attempt to commit murder or manslaughter.

1114. Protection of officers and employees of the United States.

1115. Misconduct or neglect of ship officers.

1116. Murder or manslaughter of foreign officials, official guests,

or internationally protected persons.

1117. Conspiracy to murder.

1118. Murder by a Federal prisoner.

1119. Foreign murder of United States nationals.

1120. Murder by escaped prisoners.

1121. Killing persons aiding Federal investigations or State

correctional officers.

1122. Protection against the human immunodeficiency virus.

AMENDMENTS

1996 - Pub. L. 104-294, title VI, Sec. 601(a)(6), Oct. 11, 1996,

110 Stat. 3498, added item 1122.

1994 - Pub. L. 103-322, title VI, Sec. 60005(b), 60009(b)(2),

60012(b), 60015(b), Sept. 13, 1994, 108 Stat. 1970, 1972-1974,

added items 1118 to 1121.

1976 - Pub. L. 94-467, Sec. 3, Oct. 8, 1976, 90 Stat. 1998,

substituted ''official guests, or internationally protected

persons'' for ''or official guests'' in item 1116.

1972 - Pub. L. 92-539, title I, Sec. 102, Oct. 24, 1972, 86 Stat.

1071, added items 1116 and 1117.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 section 14135a.

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18 USC Sec. 1111 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 51 - HOMICIDE

-HEAD-

Sec. 1111. Murder

-STATUTE-

(a) Murder is the unlawful killing of a human being with malice

aforethought. Every murder perpetrated by poison, lying in wait,

or any other kind of willful, deliberate, malicious, and

premeditated killing; or committed in the perpetration of, or

attempt to perpetrate, any arson, escape, murder, kidnapping,

treason, espionage, sabotage, aggravated sexual abuse or sexual

abuse, burglary, or robbery; or perpetrated from a premeditated

design unlawfully and maliciously to effect the death of any human

being other than him who is killed, is murder in the first degree.

Any other murder is murder in the second degree.

(b) Within the special maritime and territorial jurisdiction of

the United States,

Whoever is guilty of murder in the first degree shall be punished

by death or by imprisonment for life;

Whoever is guilty of murder in the second degree, shall be

imprisoned for any term of years or for life.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 756; Pub. L. 98-473, title II,

Sec. 1004, Oct. 12, 1984, 98 Stat. 2138; Pub. L. 99-646, Sec.

87(c)(4), Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99-654, Sec.

3(a)(4), Nov. 14, 1986, 100 Stat. 3663; Pub. L. 100-690, title VII,

Sec. 7025, Nov. 18, 1988, 102 Stat. 4397; Pub. L. 103-322, title

VI, Sec. 60003(a)(4), Sept. 13, 1994, 108 Stat. 1969.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 452, 454, 567 (Mar. 4,

1909, ch. 321, Sec. 273, 275, 330, 35 Stat. 1143, 1152).

Section consolidates the punishment provision of sections 454 and

567 of title 18, U.S.C., 1940 ed., with section 452 of title 18,

U.S.C., 1940 ed.

The provision of said section 454 for the death penalty for first

degree murder was consolidated with section 567 of said title 18,

by adding the words ''unless the jury qualifies its verdict by

adding thereto 'without capital punishment' in which event he shall

be sentenced to imprisonment for life''.

The punishment for second degree murder was changed and the

phrase ''for any term of years or for life'' was substituted for

the words ''not less than ten years and may be imprisoned for

life''. This change conforms to a uniform policy of omitting the

minimum punishment.

Said section 567 was not included in section 2031 of this title

since the rewritten punishment provision for rape removes the

necessity for a qualified verdict.

The special maritime and territorial jurisdiction provision was

added in view of definitive section 7 of this title.

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-322 amended second par.

generally. Prior to amendment, second par. read as follows:

''Whoever is guilty of murder in the first degree, shall suffer

death unless the jury qualifies its verdict by adding thereto

'without capital punishment', in which event he shall be sentenced

to imprisonment for life;''.

1988 - Subsec. (a). Pub. L. 100-690 inserted a comma after

''arson''.

1986 - Subsec. (a). Pub. L. 99-646 and Pub. L. 99-654 amended

subsec. (a) identically, substituting ''aggravated sexual abuse or

sexual abuse'' for '', rape''.

1984 - Subsec. (a). Pub. L. 98-473 inserted ''escape, murder,

kidnapping, treason, espionage, sabotage,'' after ''arson''.

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendments by Pub. L. 99-646 and Pub. L. 99-654 effective

respectively 30 days after Nov. 10, 1986, and 30 days after Nov.

14, 1986, see section 87(e) of Pub. L. 99-646 and section 4 of Pub.

L. 99-654, set out as an Effective Date note under section 2241 of

this title.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 36, 115, 351, 924, 930,

1114, 1116, 1117, 1118, 1119, 1120, 1121, 1503, 1512, 1513, 1751,

1956, 2332, 3559, 5032 of this title; title 7 section 2146; title

15 section 1825; title 21 sections 461, 675, 1041; title 28 section

540B; title 42 sections 671, 2283, 5106a, 14135a; title 49 section

46506.

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18 USC Sec. 1112 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 51 - HOMICIDE

-HEAD-

Sec. 1112. Manslaughter

-STATUTE-

(a) Manslaughter is the unlawful killing of a human being without

malice. It is of two kinds:

Voluntary - Upon a sudden quarrel or heat of passion.

Involuntary - In the commission of an unlawful act not amounting

to a felony, or in the commission in an unlawful manner, or without

due caution and circumspection, of a lawful act which might produce

death.

(b) Within the special maritime and territorial jurisdiction of

the United States,

Whoever is guilty of voluntary manslaughter, shall be fined under

this title or imprisoned not more than ten years, or both;

Whoever is guilty of involuntary manslaughter, shall be fined

under this title or imprisoned not more than six years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 756; Pub. L. 103-322, title

XXXII, Sec. 320102, title XXXIII, Sec. 330016(1)(H), Sept. 13,

1994, 108 Stat. 2109, 2147; Pub. L. 104-294, title VI, Sec.

604(b)(13), Oct. 11, 1996, 110 Stat. 3507.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 453, 454 (Mar. 4, 1909,

ch. 321, Sec. 274, 275, 35 Stat. 1143).

Section consolidates punishment provisions of sections 453 and

454 of title 18, U.S.C., 1940 ed.

The special maritime and territorial jurisdiction provision was

added in view of definitive section 7 this title.

Minor changes were made in phraseology.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-294 repealed Pub. L. 103-322,

Sec. 320102(2). See 1994 Amendment note below.

1994 - Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(H),

substituted ''fined under this title'' for ''fined not more than

$1,000'' in last par.

Pub. L. 103-322, Sec. 320102(3), substituted ''six years'' for

''three years'' in last par.

Pub. L. 103-322, Sec. 320102(2), which provided for amendment

identical to Pub. L. 103-322, Sec. 330016(1)(H), above, was

repealed by Pub. L. 104-294, Sec. 604(b)(13).

Pub. L. 103-322, Sec. 320102(1)(B), which directed the amendment

of subsec. (b) by inserting '', or both'' after ''years'', was

executed by inserting the material after ''years'' in second par.,

which was the first place the word appeared in text, to reflect the

probable intent of Congress.

Pub. L. 103-322, Sec. 320102(1)(A), inserted ''fined under this

title or'' after ''shall be'' in second par.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of this title.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 351, 924, 930, 1114,

1116, 1119, 1120, 1503, 1512, 1513, 1751, 2332, 3559 of this title;

title 15 section 1825; title 21 section 1041; title 42 sections

671, 2283, 5106a, 14135a; title 49 section 46506.

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18 USC Sec. 1113 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 51 - HOMICIDE

-HEAD-

Sec. 1113. Attempt to commit murder or manslaughter

-STATUTE-

Except as provided in section 113 of this title, whoever, within

the special maritime and territorial jurisdiction of the United

States, attempts to commit murder or manslaughter, shall, for an

attempt to commit murder be imprisoned not more than twenty years

or fined under this title, or both, and for an attempt to commit

manslaughter be imprisoned not more than seven years or fined under

this title, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 756; Pub. L. 100-690, title VII,

Sec. 7058(c), Nov. 18, 1988, 102 Stat. 4403; Pub. L. 101-647, title

XXXV, Sec. 3534, Nov. 29, 1990, 104 Stat. 4925; Pub. L. 104-132,

title VII, Sec. 705(a)(5), Apr. 24, 1996, 110 Stat. 1295.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 456 (Mar. 4, 1909, ch.

321, Sec. 277, 35 Stat. 1143).

Words ''within the special maritime and territorial jurisdiction

of the United States'' were added in view of definitive section 7

of this title, and section was rearranged to more clearly express

intent of existing law.

Mandatory punishment provision was rephrased in the alternative.

AMENDMENTS

1996 - Pub. L. 104-132 substituted ''seven years'' for ''three

years''.

1990 - Pub. L. 101-647 struck out final period at end.

1988 - Pub. L. 100-690 substituted ''shall, for an attempt to

commit murder be imprisoned not more than twenty years or fined

under this title, or both, and for an attempt to commit

manslaughter be imprisoned not more than three years or fined under

this title, or both.'' for ''shall be fined not more than $1,000 or

imprisoned not more than three years, or both''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 115, 930, 1114, 1116,

1119, 5032 of this title; title 42 section 14135a; title 49 section

46506.

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18 USC Sec. 1114 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 51 - HOMICIDE

-HEAD-

Sec. 1114. Protection of officers and employees of the United

States

-STATUTE-

Whoever kills or attempts to kill any officer or employee of the

United States or of any agency in any branch of the United States

Government (including any member of the uniformed services) while

such officer or employee is engaged in or on account of the

performance of official duties, or any person assisting such an

officer or employee in the performance of such duties or on account

of that assistance, shall be punished -

(1) in the case of murder, as provided under section 1111;

(2) in the case of manslaughter, as provided under section

1112; or

(3) in the case of attempted murder or manslaughter, as

provided in section 1113.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 756; May 24, 1949, ch. 139, Sec.

24, 63 Stat. 93; Oct. 31, 1951, ch. 655, Sec. 28, 65 Stat. 721;

June 27, 1952, ch. 477, title IV, Sec. 402(c), 66 Stat. 276; Pub.

L. 85-568, title III, Sec. 304(d), July 29, 1958, 72 Stat. 434;

Pub. L. 87-518, Sec. 10, July 2, 1962, 76 Stat. 132; Pub. L.

88-493, Sec. 3, Aug. 27, 1964, 78 Stat. 610; Pub. L. 89-74, Sec.

8(b), July 15, 1965, 79 Stat. 234; Pub. L. 90-449, Sec. 2, Aug. 2,

1968, 82 Stat. 611; Pub. L. 91-375, Sec. 6(j)(9), Aug. 12, 1970, 84

Stat. 777; Pub. L. 91-513, title II, Sec. 701(i)(1), Oct. 27, 1970,

84 Stat. 1282; Pub. L. 91-596, Sec. 17(h)(1), Dec. 29, 1970, 84

Stat. 1607; Pub. L. 93-481, Sec. 5, Oct. 26, 1974, 88 Stat. 1456;

Pub. L. 94-284, Sec. 18, May 11, 1976, 90 Stat. 514; Pub. L.

94-582, Sec. 16, Oct. 21, 1976, 90 Stat. 2883; Pub. L. 95-87, title

VII, Sec. 704, Aug. 3, 1977, 91 Stat. 520; Pub. L. 95-616, Sec.

3(j)(2), Nov. 8, 1978, 92 Stat. 3112; Pub. L. 95-630, title III,

Sec. 307, Nov. 10, 1978, 92 Stat. 3677; Pub. L. 96-296, Sec. 26(c),

July 1, 1980, 94 Stat. 819; Pub. L. 96-466, title VII, Sec. 704,

Oct. 17, 1980, 94 Stat. 2216; Pub. L. 97-143, Sec. 1(b), Dec. 29,

1981, 95 Stat. 1724; Pub. L. 97-259, title I, Sec. 128, Sept. 13,

1982, 96 Stat. 1099; Pub. L. 97-365, Sec. 6, Oct. 25, 1982, 96

Stat. 1752; Pub. L. 97-452, Sec. 2(b), Jan. 12, 1983, 96 Stat.

2478; Pub. L. 98-63, title I, Sec. 101, July 30, 1983, 97 Stat.

313; Pub. L. 98-473, title II, Sec. 1012, Oct. 12, 1984, 98 Stat.

2142; Pub. L. 98-557, Sec. 17(c), Oct. 30, 1984, 98 Stat. 2868;

Pub. L. 100-690, title VII, Sec. 7026, Nov. 18, 1988, 102 Stat.

4397; Pub. L. 101-73, title IX, Sec. 962(a)(6), Aug. 9, 1989, 103

Stat. 502; Pub. L. 101-647, title XII, Sec. 1205(h), title XVI,

Sec. 1606, title XXXV, Sec. 3535, Nov. 29, 1990, 104 Stat. 4831,

4843, 4925; Pub. L. 102-54, Sec. 13(f)(2), June 13, 1991, 105 Stat.

275; Pub. L. 102-365, Sec. 6, Sept. 3, 1992, 106 Stat. 975; Pub. L.

103-322, title VI, Sec. 60007, title XXXIII, Sec. 330009(c),

330011(g), Sept. 13, 1994, 108 Stat. 1971, 2143, 2145; Pub. L.

104-132, title VII, Sec. 727(a), Apr. 24, 1996, 110 Stat. 1302;

Pub. L. 104-294, title VI, Sec. 601(f)(2), Oct. 11, 1996, 110 Stat.

3499; Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2,

2002, 116 Stat. 1808.)

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HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 253 (May 18, 1934, ch.

299, Sec. 1, 48 Stat. 780; Feb. 8, 1936, ch. 40, 49 Stat. 1105;

June 26, 1936, ch. 830, title I, Sec. 3, 49 Stat. 1940; Reorg. Plan

No. II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433;

June 13, 1940, ch. 359, 54 Stat. 391).

The section was extended to include United States judges,

attorneys and their assistants, and officers of Federal, penal and

correctional institutions in view of the obvious desirability of

such protective legislation.

Employees of the Bureau of Animal Industry have been included in

this section to complete the revision of section 118 of title 18,

U.S.C., 1940 ed., which was consolidated with the assault

provisions of section 254 of said title 18 and is now section 111

of this title. There seemed no sound reason for including such

officers in the protection against assaults but excluding them from

the homicide sections.

For like reasons the section was broadened to include officers or

employees of the Secret Service or of the Bureau of Narcotics.

Changes in phraseology were made.

1949 ACT

This section (section 24) amends section 1114 of title 18,

U.S.C., to conform more closely with the original statute from

which it was derived.

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-273 repealed amendment by Pub. L.

104-294. See 1996 Amendment note below.

1996 - Pub. L. 104-132 reenacted section catchline without change

and amended text generally, restructuring provisions by inserting

par. designations and substituting reference to section 1113 of

this title and general reference to killing or attempting to kill

any officer or employee of any agency in any branch of United

States Government for more specific references to killing or

attempting to kill certain enumerated officers and employees of

United States.

Subsec. (b). Pub. L. 104-294, which directed substitution in text

of ''1112,'' for ''1112.'' and could not be executed, was repealed

by Pub. L. 107-273. See above.

1994 - Pub. L. 103-322, Sec. 330011(g), repealed Pub. L. 101-647,

Sec. 1606. See 1990 Amendment notes below.

Pub. L. 103-322, Sec. 330009(c), substituted ''or any other

officer or employee of the United States or any agency thereof''

for ''or any other officer, agency, or employee of the United

States''.

Pub. L. 103-322, Sec. 60007, substituted ''punished, in the case

of murder, as provided under section 1111, or, in the case of

manslaughter, as provided under section 1112.'' for ''punished as

provided under sections 1111 and 1112 of this title,''.

1992 - Pub. L. 102-365 inserted ''any officer or employee of the

Federal Railroad Administration assigned to perform investigative,

inspection, or law enforcement functions,'' after ''any employee of

the Coast Guard assigned to perform investigative, inspection or

law enforcement functions,''.

1991 - Pub. L. 102-54 substituted ''Department of Veterans

Affairs'' for ''Veterans' Administration''.

1990 - Pub. L. 101-647, Sec. 3535(3), which directed amendment of

section by striking out ''the Federal Savings and Loan Insurance

Corporation,'' could not be executed because that language had been

struck out by Pub. L. 101-73. See 1989 Amendment note below.

Pub. L. 101-647, Sec. 1606(3), which amended this section

identically to amendment by Pub. L. 101-647, Sec. 3535(3), was

repealed by Pub. L. 103-322, Sec. 330011(g). See above.

Pub. L. 101-647, Sec. 3535(1), (2), substituted ''Secret

Service'' for ''secret service'' and ''any officer or employee of

the Department of Education, the Department of Health and Human

Services,'' for ''any officer or employee of the Department of

Health, Education, and Welfare,''.

Pub. L. 101-647, Sec. 1606(1), (2), which amended this section

identically to amendment by Pub. L. 101-647, Sec. 3535(1), (2), was

repealed by Pub. L. 103-322, Sec. 330011(g). See above.

Pub. L. 101-647, Sec. 1205(h), inserted ''or any other

commonwealth, territory, or possession'' after ''the Virgin

Islands''.

1989 - Pub. L. 101-73 struck out ''the Federal Savings and Loan

Insurance Corporation,'' after ''Federal Deposit Insurance

Corporation,'' and substituted ''the Office of Thrift Supervision,

the Federal Housing Finance Board, the Resolution Trust

Corporation'' for ''the Federal Home Loan Bank Board''.

1988 - Pub. L. 100-690 struck out second comma after ''terms of

this section''.

1984 - Pub. L. 98-557 substituted reference to Coast Guard

member, and Coast Guard employee assigned to perform investigative,

inspection or law enforcement functions, for reference to any

officer or enlisted man of the Coast Guard.

Pub. L. 98-473 inserted ''or attempts to kill'' after ''Whoever

kills'', substituted ''or any United States probation or pretrial

services officer, or any United States magistrate, or any officer

or employee of any department or agency within the Intelligence

Community (as defined in section 3.4(F) of Executive Order 12333,

December 8, 1981, or successor orders) not already covered under

the terms of this section,'' for ''while engaged in the performance

of his official duties or on account of the performance of his

official duties'', inserted '', or any other officer, agency, or

employee of the United States designated for coverage under this

section in regulations issued by the Attorney General'', and

inserted '', except that any such person who is found guilty of

attempted murder shall be imprisoned for not more than twenty

years''.

1983 - Pub. L. 98-63 inserted ''any civilian official or employee

of the Army Corps of Engineers assigned to perform investigations,

inspections, law or regulatory enforcement functions, or

field-level real estate functions,'' after ''National Park

Service,''.

1983 - Pub. L. 97-452 substituted ''sections 3711 and 3716-3718

of title 31'' for ''the Federal Claims Collection Act of 1966 (31

U.S.C. 951 et seq.)''.

1982 - Pub. L. 97-365 struck out ''or'' before ''any attorney,

liquidator, examiner, claim agent'' and inserted '', or any officer

or employee of the United States or any agency thereof designated

to collect or compromise a Federal claim in accordance with the

Federal Claims Collection Act of 1966 (31 U.S.C. 951 et seq.) or

other statutory authority'' before ''shall be punished''.

Pub. L. 97-259 inserted ''or any officer or employee of the

Federal Communications Commission performing investigative,

inspection, or law enforcement functions,'' after ''or law

enforcement functions,''.

1981 - Pub. L. 97-143 inserted ''any officer or member of the

United States Capitol Police,'' after ''Drug Enforcement

Administration,''.

1980 - Pub. L. 96-466 inserted ''or any officer or employee of

the Veterans' Administration assigned to perform investigative or

law enforcement functions,'' after ''of the Department of

Agriculture assigned to perform investigative, inspection, or law

enforcement functions,''.

Pub. L. 96-296 inserted ''Interstate Commerce Commission,'' after

''Consumer Product Safety Commission,''.

1978 - Pub. L. 95-630 inserted ''or any attorney, liquidator,

examiner, claim agent, or other employee of the Federal Deposit

Insurance Corporation, the Federal Savings and Loan Insurance

Corporation, the Comptroller of the Currency, the Federal Home Loan

Bank Board, the Board of Governors of the Federal Reserve System,

any Federal Reserve bank, or the National Credit Union

Administration engaged in or on account of the performance of his

official duties'' before ''shall be punished''.

Pub. L. 95-616 inserted ''the Department of Commerce,''.

1977 - Pub. L. 95-87 inserted ''or of the Department of the

Interior'' after ''or of the Department of Labor''.

1976 - Pub. L. 94-582 struck out ''any employee of the Bureau of

Animal Industry of the Department of Agriculture,'' after ''the

field service of the Bureau of Land Management,'' and inserted ''or

of the Department of Agriculture'' after ''or of the Department of

Labor''.

Pub. L. 94-284 inserted '', the Consumer Product Safety

Commission,'' after ''Department of Health, Education, and

Welfare''.

1974 - Pub. L. 93-481 substituted ''Drug Enforcement

Administration'' for ''Bureau of Narcotics and Dangerous Drugs''.

1970 - Pub. L. 91-596 substituted ''or of the Department of Labor

assigned to perform investigative, inspection, or law enforcement

functions'', for ''designated by the Secretary of Health,

Education, and Welfare to conduct investigations, or inspections

under the Federal Food, Drug, and Cosmetic Act''.

Pub. L. 91-513 substituted ''Bureau of Narcotics and Dangerous

Drugs'' for ''Bureau of Narcotics''.

Pub. L. 91-375 substituted ''officer or employee of the Postal

Service'', for ''postal inspector, any postmaster, officer, or

employee in the field service of the Post Office Department'' after

''Department of Justice,''.

1968 - Pub. L. 90-449 substituted ''any postal inspector, any

postmaster, officer, or employee in the field service of the Post

Office Department'' for ''any post-office inspector''.

1965 - Pub. L. 89-74 included any officer or employee of the

Department of Health, Education, and Welfare designated by the

Secretary of Health, Education, and Welfare to conduct

investigations or inspections under the Federal Food, Drug, and

Cosmetic Act.

1964 - Pub. L. 88-493 inserted ''or any security officer of the

Department of State or the Foreign Service''.

1962 - Pub. L. 87-518 included employees of the Department of

Agriculture performing any function connected with any Federal or

State program, or program of Puerto Rico, Guam, the Virgin Islands,

or the District of Columbia, for control, eradication, or

prevention of animal diseases.

1958 - Pub. L. 85-568 included officers and employees of the

National Aeronautics and Space Administration.

1952 - Act June 27, 1952, substituted ''any immigration

officers'' for ''any immigrant inspector or any immigration patrol

inspector''.

1951 - Act Oct. 31, 1951, substituted ''the field service of the

Bureau of Land Management'' for ''the field service of the Division

of Grazing of the Department of the Interior''.

1949 - Act May 24, 1949, inserted ''any officer, employee or

agent of the customs or of the internal revenue or any person

assisting him in the execution of his duties''.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2,

2002, 116 Stat. 1808, provided that the amendment made by section

4002(c)(1) is effective Oct. 11, 1996.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 330011(g) of Pub. L. 103-322 provided that the amendment

made by that section is effective as of Nov. 29, 1990.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 802(g)(3) of Pub. L. 96-466 provided in part that the

amendment made by section 704 of Pub. L. 96-466 is effective Oct.

17, 1980.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-630 effective on expiration of 120 days

after Nov. 10, 1978, see section 2101 of Pub. L. 95-630, set out as

an Effective Date note under section 375b of Title 12, Banks and

Banking.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,

1976, see section 27 of Pub. L. 94-582, as amended, set out as a

note under section 74 of Title 7, Agriculture.

EFFECTIVE DATE OF 1970 AMENDMENTS

Amendment by Pub. L. 91-513 effective on first day of seventh

calendar month that begins after Oct. 26, 1970, see section 704 of

Pub. L. 91-513, set out as an Effective Date note under section 801

of Title 21, Food and Drugs.

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by Pub. L. 89-74 effective July 15, 1965, see section

11 of Pub. L. 89-74.

SAVINGS PROVISION

Amendment by Pub. L. 91-513 not to affect or abate any

prosecutions for violation of law or any civil seizures or

forfeitures and injunctive proceedings commenced prior to the

effective date of such amendment, and all administrative

proceedings pending before the Bureau of Narcotics and Dangerous

Drugs on Oct. 27, 1970, to be continued and brought to final

determination in accord with laws and regulations in effect prior

to Oct. 27, 1970, see section 702 of Pub. L. 91-513, set out as a

note under section 321 of Title 21, Food and Drugs.

LIFE IMPRISONMENT OR LESSER TERM FOR KILLING PERSON IN PERFORMANCE

OF INVESTIGATIVE, INSPECTION, OR LAW ENFORCEMENT FUNCTIONS

Section 17(h)(2) of Pub. L. 91-596 provided that:

''Notwithstanding the provisions of sections 1111 and 1114 of title

18, United States Code, whoever, in violation of the provisions of

section 1114 of such title, kills a person while engaged in or on

account of the performance of investigative, inspection, or law

enforcement functions added to such section 1114 by paragraph (1)

of this subsection, and who would otherwise be subject to the

penalty provisions of such section 1111 shall be punished by

imprisonment for any term of years or for life.''

IMMUNITY FROM CRIMINAL PROSECUTION

Section 5 of Pub. L. 88-493 which provided that nothing in Pub.

L. 88-493, which amended this section and section 112 of this

title, and enacted former section 170e-1 of Title 5, Government

Organization and Employees, shall create immunity from criminal

prosecution under the laws of any State, territory, possession,

Puerto Rico, or the District of Columbia, is set out as a note

under section 112 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 111, 115, 876, 1117,

1201, 1956, 2332b, 2339A of this title; title 7 sections 84, 87c,

2146; title 16 section 742l; title 19 section 1629; title 21

sections 461, 675; title 25 section 2804; title 42 sections

2000e-13, 14135a.

-CITE-

18 USC Sec. 1115 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 51 - HOMICIDE

-HEAD-

Sec. 1115. Misconduct or neglect of ship officers

-STATUTE-

Every captain, engineer, pilot, or other person employed on any

steamboat or vessel, by whose misconduct, negligence, or

inattention to his duties on such vessel the life of any person is

destroyed, and every owner, charterer, inspector, or other public

officer, through whose fraud, neglect, connivance, misconduct, or

violation of law the life of any person is destroyed, shall be

fined under this title or imprisoned not more than ten years, or

both.

When the owner or charterer of any steamboat or vessel is a

corporation, any executive officer of such corporation, for the

time being actually charged with the control and management of the

operation, equipment, or navigation of such steamboat or vessel,

who has knowingly and willfully caused or allowed such fraud,

neglect, connivance, misconduct, or violation of law, by which the

life of any person is destroyed, shall be fined under this title or

imprisoned not more than ten years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 757; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 461 (Mar. 4, 1909, ch.

321, Sec. 282, 35 Stat. 1144).

Section restores the intent of the original enactments, R.S. Sec.

5344, and act Mar. 3, 1905, ch. 1454, Sec. 5, 33 Stat. 1025, and

makes this section one of general application. In the Criminal

Code of 1909, by placing it in chapter 11, limited to places within

the special maritime and territorial jurisdiction of the United

States, such original intent was inadvertently lost as indicated by

the entire absence of report or comment on such limitation.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000'' in two places.

-CITE-

18 USC Sec. 1116 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 51 - HOMICIDE

-HEAD-

Sec. 1116. Murder or manslaughter of foreign officials, official

guests, or internationally protected persons

-STATUTE-

(a) Whoever kills or attempts to kill a foreign official,

official guest, or internationally protected person shall be

punished as provided under sections 1111, 1112, and 1113 of this

title.

(b) For the purposes of this section:

(1) ''Family'' includes (a) a spouse, parent, brother or

sister, child, or person to whom the foreign official or

internationally protected person stands in loco parentis, or (b)

any other person living in his household and related to the

foreign official or internationally protected person by blood or

marriage.

(2) ''Foreign government'' means the government of a foreign

country, irrespective of recognition by the United States.

(3) ''Foreign official'' means -

(A) a Chief of State or the political equivalent, President,

Vice President, Prime Minister, Ambassador, Foreign Minister,

or other officer of Cabinet rank or above of a foreign

government or the chief executive officer of an international

organization, or any person who has previously served in such

capacity, and any member of his family, while in the United

States; and

(B) any person of a foreign nationality who is duly notified

to the United States as an officer or employee of a foreign

government or international organization, and who is in the

United States on official business, and any member of his

family whose presence in the United States is in connection

with the presence of such officer or employee.

(4) ''Internationally protected person'' means -

(A) a Chief of State or the political equivalent, head of

government, or Foreign Minister whenever such person is in a

country other than his own and any member of his family

accompanying him; or

(B) any other representative, officer, employee, or agent of

the United States Government, a foreign government, or

international organization who at the time and place concerned

is entitled pursuant to international law to special protection

against attack upon his person, freedom, or dignity, and any

member of his family then forming part of his household.

(5) ''International organization'' means a public international

organization designated as such pursuant to section 1 of the

International Organizations Immunities Act (22 U.S.C. 288) or a

public organization created pursuant to treaty or other agreement

under international law as an instrument through or by which two

or more foreign governments engage in some aspect of their

conduct of international affairs.

(6) ''Official guest'' means a citizen or national of a foreign

country present in the United States as an official guest of the

Government of the United States pursuant to designation as such

by the Secretary of State.

(7) ''National of the United States'' has the meaning

prescribed in section 101(a)(22) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(22)).

(c) If the victim of an offense under subsection (a) is an

internationally protected person outside the United States, the

United States may exercise jurisdiction over the offense if (1) the

victim is a representative, officer, employee, or agent of the

United States, (2) an offender is a national of the United States,

or (3) an offender is afterwards found in the United States. As

used in this subsection, the United States includes all areas under

the jurisdiction of the United States including any of the places

within the provisions of sections 5 and 7 of this title and section

46501(2) of title 49.

(d) In the course of enforcement of this section and any other

sections prohibiting a conspiracy or attempt to violate this

section, the Attorney General may request assistance from any

Federal, State, or local agency, including the Army, Navy, and Air

Force, any statute, rule, or regulation to the contrary

notwithstanding.

-SOURCE-

(Added Pub. L. 92-539, title I, Sec. 101, Oct. 24, 1972, 86 Stat.

1071; amended Pub. L. 94-467, Sec. 2, Oct. 8, 1976, 90 Stat. 1997;

Pub. L. 95-163, Sec. 17(b)(1), Nov. 9, 1977, 91 Stat. 1286; Pub. L.

95-504, Sec. 2(b), Oct. 24, 1978, 92 Stat. 1705; Pub. L. 97-351,

Sec. 3, Oct. 18, 1982, 96 Stat. 1666; Pub. L. 103-272, Sec.

5(e)(2), July 5, 1994, 108 Stat. 1373; Pub. L. 103-322, title VI,

Sec. 60003(a)(5), title XXXIII, Sec. 330006, Sept. 13, 1994, 108

Stat. 1969, 2142; Pub. L. 104-132, title VII, Sec. 721(c), Apr. 24,

1996, 110 Stat. 1298; Pub. L. 104-294, title VI, Sec. 601(g)(2),

Oct. 11, 1996, 110 Stat. 3500.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-294 struck out '', except that''

at end.

Subsec. (b)(7). Pub. L. 104-132, Sec. 721(c)(1), added par. (7).

Subsec. (c). Pub. L. 104-132, Sec. 721(c)(2), inserted first

sentence and struck out former first sentence which read as

follows: ''If the victim of an offense under subsection (a) is an

internationally protected person, the United States may exercise

jurisdiction over the offense if the alleged offender is present

within the United States, irrespective of the place where the

offense was committed or the nationality of the victim or the

alleged offender.''

1994 - Subsec. (a). Pub. L. 103-322, Sec. 330006, which directed

the striking of '', and any such person who is found guilty of

attempted murder shall be imprisoned for not more than twenty

years'' before period at end, was executed by striking text which

did not include '', and'', to reflect the probable intent of

Congress and the prior amendment by Pub. L. 103-322, Sec.

60003(a)(5). See below.

Pub. L. 103-322, Sec. 60003(a)(5), struck out ''any such person

who is found guilty of murder in the first degree shall be

sentenced to imprisonment for life, and'' after ''title, except

that''.

Subsec. (c). Pub. L. 103-272 substituted ''section 46501(2) of

title 49'' for ''section 101(38) of the Federal Aviation Act of

1958, as amended (49 U.S.C. 1301(38))''.

1982 - Subsec. (b)(5). Pub. L. 97-351 inserted provision relating

to a public organization created pursuant to treaty or other

agreement under international law as an instrument through or by

which two or more foreign governments engage in some aspect of

their conduct of foreign affairs.

1978 - Subsec. (c). Pub. L. 95-504 substituted reference to

section 101(38) of the Federal Aviation Act of 1958 for reference

to section 101(35) of such Act.

1977 - Subsec. (c). Pub. L. 95-163 substituted reference to

section 101(35) of the Federal Aviation Act of 1958 for reference

to section 101(34) of such Act.

1976 - Catchline. Pub. L. 94-467 substituted ''official guests,

or internationally protected persons'' for ''or official guests''.

Subsec. (a). Pub. L. 94-467 inserted reference to internationally

protected persons, section 1113 of this title, and the punishment

for a person convicted of attempted murder.

Subsec. (b). Pub. L. 94-467 designated existing provision,

relating to definition of ''foreign official'' as par. (3)(A), (B),

and added pars. (1), (2), (4), (5) and (6).

Subsec. (c). Pub. L. 94-467 substituted provision permitting the

United States to exercise jurisdiction over an offense if the

victim is an internationally protected person and the alleged

offender is present within the United States for provision which

defined ''foreign government'', ''international organization'',

''family'', and ''official guest''.

Subsec. (d). Pub. L. 94-467 added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11, 112, 878, 970, 1117,

1201, 1956, 2332b, 2332f, 2333, 2339A, 2339C, 3592 of this title;

title 8 section 1182; title 42 section 14135a.

-CITE-

18 USC Sec. 1117 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 51 - HOMICIDE

-HEAD-

Sec. 1117. Conspiracy to murder

-STATUTE-

If two or more persons conspire to violate section 1111, 1114,

1116, or 1119 of this title, and one or more of such persons do any

overt act to effect the object of the conspiracy, each shall be

punished by imprisonment for any term of years or for life.

-SOURCE-

(Added Pub. L. 92-539, title I, Sec. 101, Oct. 24, 1972, 86 Stat.

1071; amended Pub. L. 103-322, title VI, Sec. 60009(b)(1), Sept.

13, 1994, 108 Stat. 1972.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''1116, or 1119'' for ''or

1116''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 115, 930 of this title.

-CITE-

18 USC Sec. 1118 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 51 - HOMICIDE

-HEAD-

Sec. 1118. Murder by a Federal prisoner

-STATUTE-

(a) Offense. - A person who, while confined in a Federal

correctional institution under a sentence for a term of life

imprisonment, commits the murder of another shall be punished by

death or by life imprisonment.

(b) Definitions. - In this section -

''Federal correctional institution'' means any Federal prison,

Federal correctional facility, Federal community program center,

or Federal halfway house.

''murder'' means a first degree or second degree murder (as

defined in section 1111).

''term of life imprisonment'' means a sentence for the term of

natural life, a sentence commuted to natural life, an

indeterminate term of a minimum of at least fifteen years and a

maximum of life, or an unexecuted sentence of death.

-SOURCE-

(Added Pub. L. 103-322, title VI, Sec. 60005(a), Sept. 13, 1994,

108 Stat. 1970.)

-MISC1-

PRIOR PROVISIONS

Another section 1118 was renumbered section 1122 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1120, 3592 of this title;

title 42 section 14135a.

-CITE-

18 USC Sec. 1119 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 51 - HOMICIDE

-HEAD-

Sec. 1119. Foreign murder of United States nationals

-STATUTE-

(a) Definition. - In this section, ''national of the United

States'' has the meaning stated in section 101(a)(22) of the

Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

(b) Offense. - A person who, being a national of the United

States, kills or attempts to kill a national of the United States

while such national is outside the United States but within the

jurisdiction of another country shall be punished as provided under

sections 1111, 1112, and 1113.

(c) Limitations on Prosecution. - (1) No prosecution may be

instituted against any person under this section except upon the

written approval of the Attorney General, the Deputy Attorney

General, or an Assistant Attorney General, which function of

approving prosecutions may not be delegated. No prosecution shall

be approved if prosecution has been previously undertaken by a

foreign country for the same conduct.

(2) No prosecution shall be approved under this section unless

the Attorney General, in consultation with the Secretary of State,

determines that the conduct took place in a country in which the

person is no longer present, and the country lacks the ability to

lawfully secure the person's return. A determination by the

Attorney General under this paragraph is not subject to judicial

review.

-SOURCE-

(Added Pub. L. 103-322, title VI, Sec. 60009(a), Sept. 13, 1994,

108 Stat. 1972.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1117 of this title; title

42 section 14135a.

-CITE-

18 USC Sec. 1120 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 51 - HOMICIDE

-HEAD-

Sec. 1120. Murder by escaped prisoners

-STATUTE-

(a) Definition. - In this section, ''Federal correctional

institution'' and ''term of life imprisonment'' have the meanings

stated in section 1118.

(b) Offense and Penalty. - A person, having escaped from a

Federal correctional institution where the person was confined

under a sentence for a term of life imprisonment, kills another

shall be punished as provided in sections 1111 and 1112.

-SOURCE-

(Added Pub. L. 103-322, title VI, Sec. 60012(a), Sept. 13, 1994,

108 Stat. 1973; amended Pub. L. 104-294, title VI, Sec. 601(c)(2),

Oct. 11, 1996, 110 Stat. 3499.)

-MISC1-

AMENDMENTS

1996 - Subsecs. (a), (b). Pub. L. 104-294 substituted ''Federal

correctional institution'' for ''Federal prison''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 14135a.

-CITE-

18 USC Sec. 1121 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 51 - HOMICIDE

-HEAD-

Sec. 1121. Killing persons aiding Federal investigations or State

correctional officers

-STATUTE-

(a) Whoever intentionally kills -

(1) a State or local official, law enforcement officer, or

other officer or employee while working with Federal law

enforcement officials in furtherance of a Federal criminal

investigation -

(A) while the victim is engaged in the performance of

official duties;

(B) because of the performance of the victim's official

duties; or

(C) because of the victim's status as a public servant; or

(2) any person assisting a Federal criminal investigation,

while that assistance is being rendered and because of it,

shall be sentenced according to the terms of section 1111,

including by sentence of death or by imprisonment for life.

(b)(1) Whoever, in a circumstance described in paragraph (3) of

this subsection, while incarcerated, intentionally kills any State

correctional officer engaged in, or on account of the performance

of such officer's official duties, shall be sentenced to a term of

imprisonment which shall not be less than 20 years, and may be

sentenced to life imprisonment or death.

(2) As used in this section, the term, ''State correctional

officer'' includes any officer or employee of any prison, jail, or

other detention facility, operated by, or under contract to, either

a State or local governmental agency, whose job responsibilities

include providing for the custody of incarcerated individuals.

(3) The circumstance referred to in paragraph (1) is that -

(A) the correctional officer is engaged in transporting the

incarcerated person interstate; or

(B) the incarcerated person is incarcerated pursuant to a

conviction for an offense against the United States.

(c) For the purposes of this section, the term ''State'' means a

State of the United States, the District of Columbia, and any

commonwealth, territory, or possession of the United States.

-SOURCE-

(Added Pub. L. 103-322, title VI, Sec. 60015(a), Sept. 13, 1994,

108 Stat. 1974; amended Pub. L. 104-294, title VI, Sec. 607(k),

Oct. 11, 1996, 110 Stat. 3512.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-294 added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 14135a.

-CITE-

18 USC Sec. 1122 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 51 - HOMICIDE

-HEAD-

Sec. 1122. Protection against the human immunodeficiency virus

-STATUTE-

(a) In General. - Whoever, after testing positive for the Human

Immunodeficiency Virus (HIV) and receiving actual notice of that

fact, knowingly donates or sells, or knowingly attempts to donate

or sell, blood, semen, tissues, organs, or other bodily fluids for

use by another, except as determined necessary for medical research

or testing, shall be fined or imprisoned in accordance with

subsection (c).

(b) Transmission Not Required. - Transmission of the Human

Immunodeficiency Virus does not have to occur for a person to be

convicted of a violation of this section.

(c) Penalty. - Any person convicted of violating the provisions

of subsection (a) shall be subject to a fine under this title of

not less than $10,000, imprisoned for not less than 1 year nor more

than 10 years, or both.

-SOURCE-

(Added Pub. L. 103-333, title V, Sec. 514, Sept. 30, 1994, 108

Stat. 2574, Sec. 1118; renumbered Sec. 1122 and amended Pub. L.

104-294, title VI, Sec. 601(a)(5), Oct. 11, 1996, 110 Stat. 3498.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-294, Sec. 601(a)(5)(A), renumbered section

1118, relating to protection against human immunodeficiency virus,

as this section.

Subsec. (c). Pub. L. 104-294, Sec. 601(a)(5)(B), inserted ''under

this title'' after ''fine'' and struck out ''nor more than

$20,000'' after ''$10,000''.

-CITE-