§1111 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

It makes unlawfully killing a person with malice aforethought a crime called murder. Killings done by poison, by lying in wait, or any other willful, deliberate, malicious, and premeditated act; killings that happen while committing or trying to commit certain felonies (for example, arson, escape, murder, kidnapping, treason, espionage, sabotage, serious sexual crimes, child abuse, burglary, or robbery); killings that are part of a pattern of assault or torture against a child; or killings done from a preplanned design to cause someone’s death are first‑degree murder. Any other murder is second‑degree. Under the United States’ special maritime and territorial jurisdiction, first‑degree murder can be punished by death or life in prison. Second‑degree murder can be punished by a prison term of any number of years or by life. Assault — as defined in section 113. Child — a person under 18 who is under the perpetrator’s care or control or who is at least six years younger than the perpetrator. Child abuse — intentionally or knowingly causing a child’s death or serious bodily injury. Pattern or practice of assault or torture — assault or torture on at least two occasions. Serious bodily injury — as defined in section 1365. Torture — as defined in section 2340(1).

Title 18, §1111

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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).

Notes & Related Subsidiaries

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 section 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 Notes

Amendments

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 Subsidiaries

Effective Date

of 1986

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.

§1111 Murder

Summary

Title 18, §1111

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Citations & Metadata