Title 18, Crimes and Criminal ProcedureRelease 119-110

§3596 Implementation of a Sentence of Death

Title 18 › PART II — CRIMINAL PROCEDURE › CHAPTER 228 — DEATH SENTENCE › § 3596

Last updated Sep 22, 2026|Official source

Summary

When someone is sentenced to death under federal law, the Attorney General must hold them until all appeals and sentence reviews are finished and then give them to a United States marshal. The marshal must carry out the sentence using the death-penalty law of the state where the sentence was imposed. If that state has no law for carrying out executions, the court must pick another state whose law does. A woman cannot be executed while she is pregnant. A person who is mentally retarded, or who because of a mental disability cannot understand the death penalty and why it was imposed, must not be executed.

Full Legal Text

Title 18, §3596

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)In General.—
A person who has been sentenced to death pursuant to this chapter shall be committed to the custody of the Attorney General until exhaustion of the procedures for appeal of the judgment of conviction and for review of the sentence. When the sentence is to be implemented, the Attorney General shall release the person sentenced to death to the custody of a United States marshal, who shall supervise implementation of the sentence in the manner prescribed by the law of the State in which the sentence is imposed. If the law of the State does not provide for implementation of a sentence of death, the court shall designate another State, the law of which does provide for the implementation of a sentence of death, and the sentence shall be implemented in the latter State in the manner prescribed by such law.
(b)Pregnant Woman.—
A sentence of death shall not be carried out upon a woman while she is pregnant.
(c)Mental Capacity.—
A sentence of death shall not be carried out upon a person who is mentally retarded. A sentence of death shall not be carried out upon a person who, as a result of mental disability, lacks the mental capacity to understand the death penalty and why it was imposed on that person.

Reference

Citations & Metadata

Citation

18 U.S.C. § 3596

Title 18, Crimes and Criminal Procedure

Last Updated

Sep 22, 2026

Release point: 119-110