18 U.S.C. § 1118 – Murder by a Federal Prisoner
This statute imposes the most severe penalties when a federal inmate already serving a life sentence commits murder.
What this statute does.
Section 1118 applies when a person confined in a federal correctional institution under a life sentence commits murder while incarcerated.
The statute is narrow and status-based. It does not apply to all inmate homicides—only to defendants who are already serving a qualifying life sentence at the time of the killing.
Who it applies to.
The defendant must:
- Be confined in a federal correctional institution, and
- Be serving a qualifying term of life imprisonment at the time of the offense
“Federal correctional institution” includes federal prisons, correctional facilities, community program centers, and federal halfway houses.
What counts as murder.
For purposes of this statute, “murder” means:
- First-degree murder under 18 U.S.C. § 1111, or
- Second-degree murder under 18 U.S.C. § 1111
The statute does not create a separate definition of homicide—it imports the definitions from § 1111.
Life sentence requirement.
A “term of life imprisonment” includes:
- A sentence of natural life
- A sentence commuted to natural life
- An indeterminate sentence with a minimum of at least 15 years and a maximum of life
- An unexecuted sentence of death
Penalties.
A defendant convicted under § 1118 faces:
- Death, or
- Life imprisonment
This statute eliminates any lower sentencing range. Exposure is absolute.
If you are facing investigation or charges involving a homicide inside a federal facility, call (314) 900-HELP or
contact our federal criminal defense attorneys.
