Title 18 — Crimes and Criminal Procedure
Part I · Chapter 51 — Homicide
§ 1111. Murder
Statutory text
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.
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.
For purposes of this section—
the term “assault” has the same meaning as given that term in section 113;
the term “child” means a person who has not attained the age of 18 years and is—
under the perpetrator’s care or control; or
at least six years younger than the perpetrator;
the term “child abuse” means intentionally or knowingly causing death or serious bodily injury to a child;
the term “pattern or practice of assault or torture” means assault or torture engaged in on at least two occasions;
the term “serious bodily injury” has the meaning set forth in section 1365; and
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).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 1111
June 25, 1948, ch. 645, 62 Stat. 756
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 756Comprehensive Crime Control Act of 1984
Pub. L. 98–473 title II § 1004 · 98 Stat. 1837
Inserted · 18 U.S.C. § 1111(a)
Pub. L. 98–473 inserted “escape, murder, kidnapping, treason, espionage, sabotage,” after “arson”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–473 inserted “escape, murder, kidnapping, treason, espionage, sabotage,” after “arson”.Enacted provision · exact public law section
Sec. 1004. Section 1111 of title 18 of the United States Code is amended by adding after the word “arson” the words “escape, murder, kidnaping, treason, espionage, sabotage,”.Criminal Law and Procedure Technical Amendments Act of 1986
Pub. L. 99–646 § 87(c)(4) · 100 Stat. 3592
Amended · 18 U.S.C. § 1111(a)
Pub. L. 99–646 and Pub. L. 99–654 amended subsec. (a) identically
Substituted · 18 U.S.C. § 1111(a)
Pub. L. 99–646 and Pub. L. 99–654 substituting “aggravated sexual abuse or sexual abuse” for “, rape”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–646 and Pub. L. 99–654 amended subsec. (a) identically, substituting “aggravated sexual abuse or sexual abuse” for “, rape”.Enacted provision · exact public law section
(4) in subsection (a) of section 1111 by striking out “, rape” and inserting in lieu thereof “aggravated sexual abuse or sexual abuse”;Effective date note
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.Minor and Technical Criminal Law Amendments Act of 1988
Pub. L. 100–690 title VII § 7025 · 102 Stat. 4181
Inserted · 18 U.S.C. § 1111(a)
Pub. L. 100–690 inserted a comma after “arson”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–690 inserted a comma after “arson”.Enacted provision · exact public law section
SEC. 7025. PUNCTUATION CORRECTION IN SECTION 1111. Section 1111(a) of title 18, United States Code, is amended by inserting a comma after “arson”.Federal Death Penalty Act of 1994
Pub. L. 103–322 title VI § 60003(a)(4) · 108 Stat. 1796
Added · 18 U.S.C. § 1111(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;”
Source evidence
Code amendment note
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;”.Enacted provision · exact public law section
(4) Murder.— The second undesignated paragraph of section 1111(b) of title 18, United States Code, is amended to read as follows: “Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life;”.Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003
Pub. L. 108–21 § 102(1) · 117 Stat. 650
Inserted · 18 U.S.C. § 1111(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;”
Source evidence
Code amendment note
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;”.Enacted provision · exact public law section
(1) in subsection (a)— (A) by inserting “child abuse,” after “sexual abuse,”; and (B) by inserting “or perpetrated as part of a pattern or practice of assault or torture against a child or children;” after “robbery;”; andProsecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003
Pub. L. 108–21 § 102(2) · 117 Stat. 650
Added · 18 U.S.C. § 1111(c)
Pub. L. 108–21, § 102(2), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 108–21, § 102(2), added subsec. (c).Enacted provision · exact public law section
(2) by inserting at the end the following: “(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).” .
7 of 8 references resolved to an enrolled provision · 1 partial
Notes
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 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.
Editorial Notes
Amendments1984–2003 · 5 rounds
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
Amendments by Pub. L. 99–646 and Pub. L. 99–654 effective respectively 30 days after , and 30 days after , 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.
Credits
1948–2003 · 7 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 756
- 1984Pub. L. 98–473, title II, § 1004, , 98 Stat. 2138
- 1986Pub. L. 99–646, § 87(c)(4), , 100 Stat. 3623
- 1986Pub. L. 99–654, § 3(a)(4), , 100 Stat. 3663
- 1988Pub. L. 100–690, title VII, § 7025, , 102 Stat. 4397
- 1994Pub. L. 103–322, title VI, § 60003(a)(4), , 108 Stat. 1969
- 2003Pub. L. 108–21, title I, § 102, , 117 Stat. 652.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 756; Pub. L. 98–473, title II, § 1004, , 98 Stat. 2138; Pub. L. 99–646, § 87(c)(4), , 100 Stat. 3623; Pub. L. 99–654, § 3(a)(4), , 100 Stat. 3663; Pub. L. 100–690, title VII, § 7025, , 102 Stat. 4397; Pub. L. 103–322, title VI, § 60003(a)(4), , 108 Stat. 1969; Pub. L. 108–21, title I, § 102, , 117 Stat. 652.)