18 U.S.C. § 1120 – Murder by Escaped Federal Prisoners
This statute applies when a federal life-sentenced prisoner commits murder after escaping custody.
What this statute does.
Section 1120 creates federal criminal liability for homicide committed by an individual who has escaped from a federal correctional institution while serving a term of life imprisonment.
The statute is narrow but severe. It applies only to defendants who were already serving life sentences at the time of escape.
Who can be charged.
To fall under § 1120, the government must show:
- The defendant was confined in a federal correctional institution
- The confinement was under a term of life imprisonment
- The defendant escaped custody
- The defendant killed another person after escaping
The statute incorporates definitions of “Federal correctional institution” and “term of life imprisonment” directly from 18 U.S.C. § 1118.
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
This means exposure can include life imprisonment or the death penalty, depending on the degree of murder charged.
How this statute is used.
Section 1120 functions as a jurisdictional hook. It allows federal prosecutors to charge homicide committed after escape without relying on traditional territorial or maritime jurisdiction theories.
If you are facing federal homicide charges tied to custodial status or escape allegations, call (314) 900-HELP or
contact our federal criminal defense attorneys.
