§1116 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Anyone who kills or tries to kill a foreign official, an official guest, or an internationally protected person must be punished the same way as for murder or manslaughter under federal law (see sections 1111, 1112, and 1113). Key words used here: family — spouse, parent, brother or sister, child, someone acting as a parent, or any relative by blood or marriage who lives in the same home. Foreign government — the government of another country, whether the U.S. recognizes it or not. Foreign official — top leaders (like presidents, prime ministers, ambassadors, cabinet-level officers) or someone officially sent by a foreign government or international organization to the U.S., and their family while they are in the U.S. Internationally protected person — heads of state, heads of government, or foreign ministers when they are in a country that is not their own, and others whom international law gives special protection, plus their household family. International organization — a public international body set up by treaty or designated under the International Organizations Immunities Act. Official guest — a foreign national in the U.S. who the Secretary of State has named an official guest. National of the United States — as defined in 8 U.S.C. 1101(a)(22). If an internationally protected person is harmed outside the U.S., the United States can take the case if the victim represents the U.S., if the offender is a U.S. national, or if the offender is later found in the U.S. The Attorney General may ask any federal, state, or local agency, including the Army, Navy, or Air Force, for help enforcing this law.

Title 18, §1116

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever kills or attempts to kill a foreign official, official guest, or internationally protected person shall be punished as provided under section 1111, 1112, and 1113 of this title.

(b)For the purposes of this section:

(1)“Family” includes (a) a spouse, parent, brother or sister, child, or person to whom the foreign official or internationally protected person stands in loco parentis, or (b) any other person living in his household and related to the foreign official or internationally protected person by blood or marriage.

(2)“Foreign government” means the government of a foreign country, irrespective of recognition by the United States.

(3)“Foreign official” means—

(A)a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and

(B)any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee.

(4)“Internationally protected person” means—

(A)a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him; or

(B)any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household.

(5)“International organization” means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288) or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs.

(6)“Official guest” means a citizen or national of a foreign country present in the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State.

(7)“National of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

(c)If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of section 5 and 7 of this title and section 46501(2) of title 49.

(d)In the course of enforcement of this section and any other sections prohibiting a conspiracy or attempt to violate this section, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–294 struck out “, except that” at end. Subsec. (b)(7). Pub. L. 104–132, § 721(c)(1), added par. (7). Subsec. (c). Pub. L. 104–132, § 721(c)(2), inserted first sentence and struck out former first sentence which read as follows: “If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender.” 1994—Subsec. (a). Pub. L. 103–322, § 330006, which directed the striking of “, and any such person who is found guilty of attempted murder shall be imprisoned for not more than twenty years” before period at end, was executed by striking text which did not include “, and”, to reflect the probable intent of Congress and the prior amendment by Pub. L. 103–322, § 60003(a)(5). See below. Pub. L. 103–322, § 60003(a)(5), struck out “any such person who is found guilty of murder in the first degree shall be sentenced to imprisonment for life, and” after “title, except that”. Subsec. (c). Pub. L. 103–272 substituted “section 46501(2) of title 49” for “section 101(38) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(38))”. 1982—Subsec. (b)(5). Pub. L. 97–351 inserted provision relating to a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of foreign affairs. 1978—Subsec. (c). Pub. L. 95–504 substituted reference to section 101(38) of the Federal Aviation Act of 1958 for reference to section 101(35) of such Act. 1977—Subsec. (c). Pub. L. 95–163 substituted reference to section 101(35) of the Federal Aviation Act of 1958 for reference to section 101(34) of such Act. 1976—Catchline. Pub. L. 94–467 substituted “official guests, or internationally protected persons” for “or official guests”. Subsec. (a). Pub. L. 94–467 inserted reference to internationally protected persons, section 1113 of this title, and the punishment for a person convicted of attempted murder. Subsec. (b). Pub. L. 94–467 designated existing provision, relating to definition of “foreign official” as par. (3)(A), (B), and added pars. (1), (2), (4), (5) and (6). Subsec. (c). Pub. L. 94–467 substituted provision permitting the United States to exercise jurisdiction over an offense if the victim is an internationally protected person and the alleged offender is present within the United States for provision which defined “foreign government”, “international organization”, “family”, and “official guest”. Subsec. (d). Pub. L. 94–467 added subsec. (d).

§1116 Murder or manslaughter of foreign officials, official guests, or internationally protected persons

Summary

Title 18, §1116

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata