§1121 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Killing someone who is working with or helping a federal criminal investigation is a federal crime. That includes state or local officials, police, or other employees who are working with federal agents and are killed while on duty, because of their duties, or because they are public servants, and anyone assisting a federal investigation who is killed because of that help. If a person in jail intentionally kills a State correctional officer who is on duty or because of their duties, and the officer was transporting the prisoner across state lines or the prisoner is jailed after a federal conviction, the sentence must be at least 20 years and can be life or death. "State correctional officer" means prison or jail staff who supervise inmates. "State" includes the 50 states, the District of Columbia, and U.S. territories and possessions.

Title 18, §1121

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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,

(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.

Editorial Notes

Amendments

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

§1121 Killing Persons Aiding Federal Investigations or State Correctional Officers

Summary

Title 18, §1121

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata