U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 51— HOMICIDE

18 U.S.C. § 1111

Murder

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(a) Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.

Any other murder is murder in the second degree.

(b) Within the special maritime and territorial jurisdiction of the United States,

Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life;

Whoever is guilty of murder in the second degree, shall be imprisoned for any term of years or for life.

(c) For purposes of this section—(1) the term “assault” has the same meaning as given that term in section 113;(2) the term “child” means a person who has not attained the age of 18 years and is—(A) under the perpetrator’s care or control; or(B) at least six years younger than the perpetrator;(3) the term “child abuse” means intentionally or knowingly causing death or serious bodily injury to a child;(4) the term “pattern or practice of assault or torture” means assault or torture engaged in on at least two occasions;(5) the term “serious bodily injury” has the meaning set forth in section 1365; and(6) the term “torture” means conduct, whether or not committed under the color of law, that otherwise satisfies the definition set forth in section 2340(1).(June 25, 1948, ch. 645, 62 Stat. 756; Pub. L. 98–473, title II, § 1004, Oct. 12, 1984, 98 Stat. 2138; Pub. L. 99–646, § 87(c)(4), Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99–654, § 3(a)(4), Nov. 14, 1986, 100 Stat. 3663; Pub. L. 100–690, title VII, § 7025, Nov. 18, 1988, 102 Stat. 4397; Pub. L. 103–322, title VI, § 60003(a)(4), Sept. 13, 1994, 108 Stat. 1969; Pub. L. 108–21, title I, § 102, Apr. 30, 2003, 117 Stat. 652.)Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 452, 454, 567 (Mar. 4, 1909, ch. 321, §§ 273, 275, 330, 35 Stat. 1143, 1152).

Section consolidates the punishment provision of sections 454 and 567 of title 18, U.S.C., 1940 ed., with section 452 of title 18, U.S.C., 1940 ed.

The provision of said section 454 for the death penalty for first degree murder was consolidated with section 567 of said title 18, by adding the words “unless the jury qualifies its verdict by adding thereto ‘without capital punishment’ in which event he shall be sentenced to imprisonment for life”.

The punishment for second degree murder was changed and the phrase “for any term of years or for life” was substituted for the words “not less than ten years and may be imprisoned for life”. This change conforms to a uniform policy of omitting the minimum punishment.

Said section 567 was not included in section 2031 of this title since the rewritten punishment provision for rape removes the necessity for a qualified verdict.

The special maritime and territorial jurisdiction provision was added in view of definitive section 7 of this title.

Editorial NotesAmendments

2003—Subsec. (a). Pub. L. 108–21, § 102(1), inserted “child abuse,” after “or sexual abuse,” and “or perpetrated as part of a pattern or practice of assault or torture against a child or children;” after “robbery;”.

Subsec. (c). Pub. L. 108–21, § 102(2), added subsec. (c).

1994—Subsec. (b). Pub. L. 103–322 amended second par. generally. Prior to amendment, second par. read as follows: “Whoever is guilty of murder in the first degree, shall suffer death unless the jury qualifies its verdict by adding thereto ‘without capital punishment’, in which event he shall be sentenced to imprisonment for life;”.

1988—Subsec. (a). Pub. L. 100–690 inserted a comma after “arson”.

1986—Subsec. (a). Pub. L. 99–646 and Pub. L. 99–654 amended subsec. (a) identically, substituting “aggravated sexual abuse or sexual abuse” for “, rape”.

1984—Subsec. (a). Pub. L. 98–473 inserted “escape, murder, kidnapping, treason, espionage, sabotage,” after “arson”.

Statutory Notes and Related SubsidiariesEffective Date of 1986 Amendments

Amendments by Pub. L. 99–646 and Pub. L. 99–654 effective respectively 30 days after Nov. 10, 1986, and 30 days after Nov. 14, 1986, see section 87(e) of Pub. L. 99–646 and section 4 of Pub. L. 99–654, set out as an Effective Date note under section 2241 of this title.

Notes of Decisions
Cited in 1,547 cases (264 in the last 5 years), 1949–2026 · leading case: United States v. Gabrion
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United States v. Gabrion (2008) ca6 · cites it 54× “On June 3, 1999, the United States Attorney, acting on the finding of the federal grand jury sitting in the United States District Court for the Western District of Michigan, charged Marvin Gabrion with committing first degree murder, 18 U.S.C. § 1111 (a), at a location within…”
United States v. Larry Wayne Lafleur, United States of America v. Nick Michael Holm (1992) ca9 · cites it 20× “OPINION WIGGINS, Circuit Judge: Larry Wayne LaFleur appeals from a jury verdict finding him guilty of first degree murder under 18 U.S.C. § 1111 (a), and from the life sentence he received pursuant to 18 U.”
United States v. Randly Begay (2022) ca9 · cites it 10× “BEGAY SUMMARY* Criminal Law The en banc court affirmed Randly Irvin Begay’s convictions for second-degree murder ( 18 U.S.C. §§ 1111 (a) and 1153) and for discharging a firearm during a crime of violence ( 18 U.”
State v. Hoffman (1991) wash · cites it 10× “Both defendants were originally charged by federal authorities with violations of 18 U.S.C. § 1111 (first degree murder) and 18 U.”
United States v. Begay (2011) ca9 · cites it 14× “OPINION CLIFTON, Circuit Judge: Kenderick Begay appeals his convictions on two counts of first-degree murder in violation of 18 U.S.C. §§ 1111 (a) and 1153(a), and two counts of using a firearm during a crime of violence in violation of 18 U.”
United States v. Dustin John Higgs (2003) ca4 · cites it 7× “Dustin John Higgs was subsequently convicted by a federal jury of three counts of first-degree premeditated murder, see 18 U.S.C.A. § 1111 (a) (West 2000), three counts of first-degree murder committed in the perpetration or attempted perpetration of a kidnapping, see id.”
Thompson v. Oklahoma (1988) scotus · cites it 8× “IV) (retaliatory murder of member of immediate family of law enforcement officials) (by cross reference to 18 U. S. C. § 1111 ); 18 U. S. C. § 351 (1982 ed.”
United States v. Randly Begay (2019) ca9 · cites it 8× “BEGAY SUMMARY * Criminal Law The panel affirmed a conviction for second-degree murder ( 18 U.S.C. §§ 1111 and 1153), reversed a conviction for discharging a firearm during a “crime of violence” ( 18 U.”
United States v. Nichols (1999) ca10 · cites it 10× “” 18 U.S.C. § 1111 (a) (1994). Typically, prosecutors utilize the doctrine at the guilt phase of a trial to garner a first-degree murder conviction.”
Lewis v. United States (1998) scotus · cites it 12× “A federal murder statute, 18 U. S. C. § 1111 , therefore governs the crime at issue—the killing of a 4-year-old child "with malice aforethought" but without "premeditation.”
United States v. Nathan Dante Young (2001) ca4 · cites it 7× “Specifically, Young argues that the government failed to prove the jurisdictional element for murder in 18 U.S.C. § 1111 (b), which Young claims is incorporated by section 924(j).”
United States v. Rivera-Ruperto (2017) ca1 · cites it 5× “For the fictitious transgressions concocted by the authorities, however, Rivera- Ruperto will spend his entire life behind bars -- a sentence given to first-degree murderers, 18 U.S.C. § 1111 , or those who cause death by wrecking a train carrying high-level nuclear waste.”
Show all 1,547 citing cases →
— 18 U.S.C. § 1111(a) — 9 cases
United States v. Christopher James Anderson, United States of America v. Carlos Anthony Miranda, A.K.A. Pico (2000) ca9
Malicoat v. Mullin (2005) ca10
United States v. Jessica M. Lofton (1985) ca10
United States v. Terry Wayne Denson, Stephen Orlando and Joseph James Janish, Defendants- in Re United States of America (1979) ca5
Castellanos v. United States (2020) nysd
— 18 U.S.C. § 1111(b) — 1 case
John Henry Maxwell v. United States (1966) ca9
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