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Online Attorney
endment
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.
-End-
-CITE-
18 USC Sec. 1115 01/19/04
-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.
-End-
-CITE-
18 USC Sec. 1116 01/19/04
-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.
-End-
-CITE-
18 USC Sec. 1117 01/19/04
-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.
-End-
-CITE-
18 USC Sec. 1118 01/19/04
-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.
-End-
-CITE-
18 USC Sec. 1119 01/19/04
-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.
-End-
-CITE-
18 USC Sec. 1120 01/19/04
-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)
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