18 U.S.C. § 1119 – Foreign Murder of United States Nationals
This statute allows the United States to prosecute killings of U.S. nationals committed by other U.S. nationals outside the country.
What this statute does.
Section 1119 extends federal homicide jurisdiction beyond U.S. borders. It applies when a U.S. national kills or attempts to kill another U.S. national while outside the United States but within the jurisdiction of a foreign country.
The statute is jurisdictional in nature. It does not redefine murder or manslaughter—it imports existing federal homicide offenses and applies them extraterritorially.
Who can be charged.
To fall under § 1119:
- The defendant must be a national of the United States, and
- The victim must also be a national of the United States, and
- The killing or attempted killing must occur outside the United States
The statute applies even though the conduct occurred entirely within another country’s territorial jurisdiction.
Applicable offenses and penalties.
Punishment is determined by the underlying homicide offense:
- Murder is punished under 18 U.S.C. § 1111
- Manslaughter is punished under 18 U.S.C. § 1112
- Attempted murder or manslaughter is punished under 18 U.S.C. § 1113
This means exposure can range from lengthy imprisonment to life or death, depending on the charge.
Strict limits on prosecution.
Section 1119 contains significant gatekeeping provisions:
- Prosecution requires written approval from the Attorney General, Deputy Attorney General, or an Assistant Attorney General
- The approval authority cannot be delegated
- No prosecution may proceed if a foreign country has already prosecuted the same conduct
Additional jurisdictional constraint.
Before approving prosecution, the Attorney General—after consulting the Secretary of State—must determine that:
- The defendant is no longer present in the foreign country where the conduct occurred, and
- The foreign country lacks the ability to lawfully secure the defendant’s return
This determination is expressly not subject to judicial review.
If you are facing federal charges involving conduct overseas, call (314) 900-HELP or
contact our federal criminal defense attorneys.
