18 U.S.C. § 1113

Attempt to commit murder or manslaughter

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Except as provided in section 113 of this title, whoever, within the special maritime and territorial jurisdiction of the United States, attempts to commit murder or manslaughter, shall, for an attempt to commit murder be imprisoned not more than twenty years or fined under this title, or both, and for an attempt to commit manslaughter be imprisoned not more than seven years or fined under this title, or both.

Notes of Decisions
Cited in 80 cases (20 in the last 5 years), 1958–2026 · leading case: United States v. Charles States, 72 F.4th 778 (7th Cir. 2023).
United States v. Charles States, 72 F.4th 778 (7th Cir. 2023). · cites it 4× “§ 1951 , and attempted murder of a federal officer, 18 U.S.C. §§ 1113–1114. The government did not con- test States’s motion with respect to the § 924(c) conviction predicated on extortion, and the district court vacated that conviction.”
Boim v. Holy Land Found. for Relief & Dev., 549 F.3d 685 (7th Cir. 2008). · cites it 2× “For example, because the criminal law focuses on the dangerousness of a defendant's conduct, the requirement of proving that a criminal act caused an injury is often attenuated and sometimes dispensed with altogether, as in the statutes that impose criminal liability on…”
United States v. Robert Martinez, A/K/A \Robert Berk\"", 775 F.2d 31 (2d Cir. 1985). · cites it 3× “Sofaer, *33 Judge, convicting him of attempting to commit a murder within the special maritime and territorial jurisdiction of the United States, in violation of 18 U.S.C. § 1113 (1982). Martinez was fined $1,000 and sentenced to three years’ imprisonment, to be served…”
United States v. Thomas Cameron Kincade, 379 F.3d 813 (9th Cir. 2004). “§ 1030 ; attempted manslaughter, 18 U.S.C. § 1113 ; incest committed by an Indian in Indian country, 18 U.”
United States v. Umar Abdulmutallab, 739 F.3d 891 (6th Cir. 2014). · cites it 2× “(3) Attempted Murder Within the Special Aircraft Jurisdiction of the United States in violation of 18 U.S.C. § 1113 and 49 U.S.C. § 46506 . (4) Use and Carrying of a Firearm/Destructive Device During and in Relation to a Crime of Violence in violation of 18 U.”
United States v. Randly Begay, 934 F.3d 1033 (9th Cir. 2019). “As with Studhorse, an attempt to commit murder under 18 U.S.C. § 1113 similarly would require a substantial step and an intent to commit the crime.”
United States v. D.K. Johnson, 994 F.2d 980 (2d Cir. 1993). · cites it 2× “All of these acts occurred within the special maritime and territorial jurisdiction of the United States, in violation of 18 U.S.C. §§ 1113 , 113(a), 113(f) (1988).”
United States v. Sean Fitzgerald, 906 F.3d 437 (6th Cir. 2018). · cites it 2× “, 18 U.S.C. § 1113 (making it a crime to attempt to commit murder within the special maritime and territorial jurisdiction of the United States); 18 U.”
United States v. Sharpnack, 355 U.S. 286 (1958). · cites it 2× “§ 1112 ; attempted murder or manslaughter, 18 U. S. C. § 1113 ; malicious mischief, 18 U.”
United States v. Sampson, 335 F. Supp. 2d 166 (D. Mass. 2004). “§ 1111 sets the maximum penalty for first degree murder as death, while 18 U.S.C. § 1113 sets the maximum penalty for attempted murder at twenty years’ imprisonment.”
United States v. Checora, 155 F. Supp. 3d 1192 (D. Utah 2015). · cites it 2× “§ 924 (c), Use and Discharge of a Firearm During and in Relation to a Crime of Violence (Count II); 18 U.S.C. §§ 1113 and 1153(a), Attempt to Commit Murder While Within Indian Country (Count III); and 18 U.”
United States v. Abdush-Shakur, 465 F.3d 458 (10th Cir. 2006). “Background On May 29, 2008, Abdush-Shakur was charged in a two-count indictment with attempted murder and possession of a prohibited object in violation of 18 U.S.C. §§ 1113 and 1791(a)(2), respectively.”
— 18 U.S.C. § 1113(a)(3) — 1 case
United States v. Bird, 409 F. App'x 681 (4th Cir. 2011).
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