18 U.S.C. § 1111 – Murder
This statute defines and penalizes first-degree and second-degree murder under federal law.
What this statute does.
Section 1111 establishes the federal definition of murder and divides it into first-degree and second-degree murder for offenses committed within the special maritime and territorial jurisdiction of the United States.
Core definition.
Murder is defined as the unlawful killing of a human being with malice aforethought.
First-degree murder.
Murder qualifies as first-degree if it involves:
- Premeditation or deliberation
- Methods such as poison or lying in wait
- Killings committed during certain serious felonies (including arson, robbery, burglary, kidnapping, sexual abuse, espionage, or treason)
- A premeditated design to cause death
- A pattern or practice of assault or torture against a child
Second-degree murder.
Any murder that does not meet the criteria for first-degree murder is classified as second-degree.
Jurisdictional limitation.
This statute applies only to murders committed within federal special maritime and territorial jurisdiction. Murders outside that jurisdiction are typically prosecuted under state law unless another federal statute applies.
Penalties.
- First-degree murder: Death or life imprisonment
- Second-degree murder: Any term of years or life imprisonment
Statutory definitions.
Section 1111 incorporates specific definitions for terms such as assault, child, child abuse, serious bodily injury, and torture, tying them to other provisions of Title 18.
If you are facing a federal homicide investigation or charge, call (314) 900-HELP or
contact our federal criminal defense attorneys.
