18 U.S.C. § 1118 — Murder by a Federal prisoner

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-