18 U.S.C. § 1121

Killing persons aiding Federal investigations or State correctional officers

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(a) Whoever intentionally kills—(1) a State or local official, law enforcement officer, or other officer or employee while working with Federal law enforcement officials in furtherance of a Federal criminal investigation—(A) while the victim is engaged in the performance of official duties;(B) because of the performance of the victim’s official duties; or(C) because of the victim’s status as a public servant; or(2) any person assisting a Federal criminal investigation, while that assistance is being rendered and because of it,shall be sentenced according to the terms of section 1111, including by sentence of death or by imprisonment for life.(b)(1) Whoever, in a circumstance described in paragraph (3) of this subsection, while incarcerated, intentionally kills any State correctional officer engaged in, or on account of the performance of such officer’s official duties, shall be sentenced to a term of imprisonment which shall not be less than 20 years, and may be sentenced to life imprisonment or death.(2) As used in this section, the term, “State correctional officer” includes any officer or employee of any prison, jail, or other detention facility, operated by, or under contract to, either a State or local governmental agency, whose job responsibilities include providing for the custody of incarcerated individuals.(3) The circumstance referred to in paragraph (1) is that—(A) the correctional officer is engaged in transporting the incarcerated person interstate; or(B) the incarcerated person is incarcerated pursuant to a conviction for an offense against the United States.(c) For the purposes of this section, the term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.(Added Pub. L. 103–322, title VI, § 60015(a), Sept. 13, 1994, 108 Stat. 1974; amended Pub. L. 104–294, title VI, § 607(k), Oct. 11, 1996, 110 Stat. 3512.)Editorial NotesAmendments

1996—Subsec. (c). Pub. L. 104–294 added subsec. (c).

Notes of Decisions
Cited in 10 cases, 1998–2017 · leading case: United States v. Smalls
United States v. Smalls (2010) ca10 · cites it 2× “§ 1512 , and one count of killing a person aiding a federal investigation *768 in violation of 18 U.S.C. § 1121 . The indictment alleged Defendant Smalls "held Gantz's legs down," Cook "held Gantz's arms and torso down," and Melgar-Diaz "held a plastic bag over Gantz's face,"…”
United States v. Orleans-Lindsay (2008) dcd · cites it 5× “Toatley, a person aiding in a Federal investigation, in violation of 18 U.S.C. § 1121 (a)(1). Pursuant to the parties’ plea agreement, the Court proceeded to sentence Petitioner to life imprisonment without the possibility of parole immediately upon accepting his plea of guilty.”
United States v. Rivera-Ruperto (2017) ca1 “4) 15 18 U.S.C. § 1121 (a)(1) First degree murder of a state 1996 Life** (§§2A1.”
United States v. Polizzi (2008) nyed · cites it 2× “§ 1120 Murder committed by a person who escaped from a Feder- Death or Life al correctional institute 18 U.S.C. § 1121 (a)(1) First degree murder of a state or local law enforcement Death or Life officer or any person assisting in a federal criminal investigation 18 U.”
United States v. Smalls (2014) ca10 · cites it 2× “§ 1512 (a)(1)(A) and (C); • Killing a person aiding in a federal investigation in violation of 18 U.S.C. § 1121 (a)(2). On appeal, Smalls argues that the district court’s numerous errors constitute cumulative error and warrant a new trial.”
United States v. Wilk (2009) ca11 “A second superseding indictment charged Wilk with seven Counts: (1) killing Fatta, a state law enforcement officer, while Fatta assisted in a federal investigation, in violation of 18 U.S.C. §§ 1121 (a)(1)(A) and 1111; (2) killing Fat-ta, a state law enforcement officer, while…”
United States v. Sapp (2003) cand · cites it 2× “18 U.S.C. § 1121 . Citing the legislative history of section 1121 and principles of statutory interpretation, Sapp argues that because section 1121 expressly addresses the killing of state and local officers explicitly, section 1114 should be construed not to proscribe the same…”
United States v. Wilk (2005) flsd “On February 24, 2005, United States Magistrate Judge Snow held a hearing, during which the government announced *1182 that, based on instructions from the Attorney General, an additional count charging Defendant Wilk with the murder of a state law enforcement officer assisting a…”
United States v. Holloway (1998) tnmd “8 57% N/A N/A The above statistics are based on cases reviewed between January 27, 1995 and August 10,1998 where defendants were charged with violations of 18 U.S.C. § 1121 , § 1512, or § 1513. Id.”
United States v. Lecco (2009) wvsd “Count Twelve — That Lecco and Friend killed Carla Collins for aiding a federal investigation, in violation of 18 U.S.C. §§ 1121 (a)(2) and 2. The same day, the government filed notices of intent to seek the death penalty relating to each defendant respecting Counts Eleven and…”
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