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CITE

    18 USC Sec. 1111                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 51 - HOMICIDE

HEAD

    Sec. 1111. Murder

STATUTE

      (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).

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 756; Pub. L. 98-473, title II,
    Sec. 1004, Oct. 12, 1984, 98 Stat. 2138; Pub. L. 99-646, Sec.
    87(c)(4), Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99-654, Sec.
    3(a)(4), Nov. 14, 1986, 100 Stat. 3663; Pub. L. 100-690, title VII,
    Sec. 7025, Nov. 18, 1988, 102 Stat. 4397; Pub. L. 103-322, title
    VI, Sec. 60003(a)(4), Sept. 13, 1994, 108 Stat. 1969; Pub. L. 108-
    21, title I, Sec. 102, Apr. 30, 2003, 117 Stat. 652.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Secs. 452, 454, 567 (Mar. 4,
    1909, ch. 321, Secs. 273, 275, 330, 35 Stat. 1143, 1152).
      Section consolidates the punishment provision of sections 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.
                                AMENDMENTS
      2003 - Subsec. (a). Pub. L. 108-21, Sec. 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, Sec. 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".
                     EFFECTIVE DATE OF 1986 AMENDMENTS
      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.