18 U.S.C. § 1116 — Murder or manslaughter of foreign offi-

Page 341 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1116 nal 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. § 1115. Misconduct or neglect of ship officers 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 de- stroyed, and every owner, charterer, inspector, or other public officer, through whose fraud, ne- glect, 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. (June 25, 1948, ch. 645, 62 Stat. 757; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 461 (Mar. 4, 1909, ch. 321, § 282, 35 Stat. 1144). Section restores the intent of the original enact- ments, R.S. § 5344, and act Mar. 3, 1905, ch. 1454, § 5, 33 Stat. 1025, and makes this section one of general appli- cation. In the Criminal Code of 1909, by placing it in chapter 11, limited to places within the special mari- time 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. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ in two places. § 1116. Murder or manslaughter of foreign offi- cials, official guests, or internationally pro- tected persons (a) Whoever kills or attempts to kill a foreign official, official guest, or internationally pro- tected 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 pro- tected person by blood or marriage. (2) ‘‘Foreign government’’ means the govern- ment of a foreign country, irrespective of rec- ognition by the United States. (3) ‘‘Foreign official’’ means— (A) a Chief of State or the political equiva- lent, President, Vice President, Prime Min- ister, 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 fam- ily, 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 equiva- lent, head of government, or Foreign Min- ister 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, em- ployee, or agent of the United States Gov- ernment, a foreign government, or inter- national 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 Inter- national 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 en- gage in some aspect of their conduct of inter- national affairs. (6) ‘‘Official guest’’ means a citizen or na- tional of a foreign country present in the United States as an official guest of the Gov- ernment of the United States pursuant to des- ignation 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 out- side 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 in- cludes 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 Fed- eral, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regu- lation to the contrary notwithstanding. (Added Pub. L. 92–539, title I, § 101, Oct. 24, 1972, 86 Stat. 1071; amended Pub. L. 94–467, § 2, Oct. 8, Page 342 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1117 1976, 90 Stat. 1997; Pub. L. 95–163, § 17(b)(1), Nov. 9, 1977, 91 Stat. 1286; Pub. L. 95–504, § 2(b), Oct. 24, 1978, 92 Stat. 1705; Pub. L. 97–351, § 3, Oct. 18, 1982, 96 Stat. 1666; Pub. L. 103–272, § 5(e)(2), July 5, 1994, 108 Stat. 1373; Pub. L. 103–322, title VI, § 60003(a)(5), title XXXIII, § 330006, Sept. 13, 1994, 108 Stat. 1969, 2142; Pub. L. 104–132, title VII, § 721(c), Apr. 24, 1996, 110 Stat. 1298; Pub. L. 104–294, title VI, § 601(g)(2), Oct. 11, 1996, 110 Stat. 3500.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–294 struck out ‘‘, except that’’ at end. Subsec. (b)(7). Pub. L. 104–132, § 721(c)(1), added par. (7). Subsec. (c). Pub. L. 104–132, § 721(c)(2), inserted first sentence and struck out former first sentence which read as follows: ‘‘If the victim of an offense under sub- section (a) is an internationally protected person, the United States may exercise jurisdiction over the of- fense if the alleged offender is present within the United States, irrespective of the place where the of- fense was committed or the nationality of the victim or the alleged offender.’’ 1994—Subsec. (a). Pub. L. 103–322, § 330006, which di- rected 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, § 60003(a)(5). See below. Pub. L. 103–322, § 60003(a)(5), struck out ‘‘any such per- son 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 inter- nationally protected persons, section 1113 of this title, and the punishment for a person convicted of at- tempted murder. Subsec. (b). Pub. L. 94–467 designated existing provi- sion, 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 per- mitting 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 gov- ernment’’, ‘‘international organization’’, ‘‘family’’, and ‘‘official guest’’. Subsec. (d). Pub. L. 94–467 added subsec. (d). § 1117. Conspiracy to murder If two or more persons conspire to violate sec- tion 1111, 1114, 1116, or 1119 of this title, and one or more of such persons do any overt act to ef- fect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life. (Added Pub. L. 92–539, title I, § 101, Oct. 24, 1972, 86 Stat. 1071; amended Pub. L. 103–322, title VI, § 60009(b)(1), Sept. 13, 1994, 108 Stat. 1972.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘1116, or 1119’’ for ‘‘or 1116’’. § 1118. Murder by a Federal prisoner (a) OFFENSE.—A person who, while confined in a Federal correctional institution under a sen- tence 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 facil- ity, Federal community program center, or Federal halfway house. ‘‘murder’’ means a first degree or second de- gree murder (as defined in section 1111). ‘‘term of life imprisonment’’ means a sen- tence 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 sen- tence of death. (Added Pub. L. 103–322, title VI, § 60005(a), Sept. 13, 1994, 108 Stat. 1970.) Editorial Notes CODIFICATION Another section 1118 was renumbered section 1122 of this title. § 1119. Foreign murder of United States nationals (a) DEFINITION.—In this section, ‘‘national of the United States’’ has the meaning stated in section 101(a)(22) of the Immigration and Na- tionality 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 na- tional is outside the United States but within the jurisdiction of another country shall be pun- ished as provided under sections 1111, 1112, and 1113. (c) LIMITATIONS ON PROSECUTION.—(1) No pros- ecution may be instituted against any person under this section except upon the written ap- proval of the Attorney General, the Deputy At- torney General, or an Assistant Attorney Gen- eral, which function of approving prosecutions may not be delegated. No prosecution shall be approved if prosecution has been previously un- dertaken by a foreign country for the same con- duct. (2) No prosecution shall be approved under this section unless the Attorney General, in con- sultation with the Secretary of State, deter- mines 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 Attor-