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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 51 — Homicide

§ 1116. Murder or manslaughter of foreign officials, official guests, or internationally protected persons

Statutory text

(a)

Whoever kills or attempts to kill a foreign official, official guest, or internationally protected person shall be punished as provided under sections 1111, 1112, and 1113 of this title.

(b)

For the purposes of this section:

(1)

“Family” includes (a) a spouse, parent, brother or sister, child, or person to whom the foreign official or internationally protected person stands in loco parentis, or (b) any other person living in his household and related to the foreign official or internationally protected person by blood or marriage.

(2)

“Foreign government” means the government of a foreign country, irrespective of recognition by the United States.

(3)

“Foreign official” means—

(A)

a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and

(B)

any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee.

(4)

“Internationally protected person” means—

(A)

a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him; or

(B)

any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household.

(5)

“International organization” means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288) or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs.

(6)

“Official guest” means a citizen or national of a foreign country present in the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State.

(7)

“National of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

(c)

If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title and section 46501(2) of title 49.

(d)

In the course of enforcement of this section and any other sections prohibiting a conspiracy or attempt to violate this section, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.

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.

  1. Act for the Protection of Foreign Officials and Official Guests of the United States

    Pub. L. 92–539 title I § 101 · 86 Stat. 1070

    Enacted · 18 U.S.C. § 1116

    Added Pub. L. 92–539, title I, § 101, Oct. 24, 1972, 86 Stat. 1071

    Source evidence

    Code source credit
    Added Pub. L. 92–539, title I, § 101, Oct. 24, 1972, 86 Stat. 1071

    Enacted provision · exact public law section
    Sec. 101. Chapter 51 of title 18, United States Code, is amended by 62 Stat. 756. 18 USC 1111. adding at the end thereof the following new sections: “§ 1116. Murder or manslaughter of foreign officials or official guests “(a) Whoever kills a foreign official or official guest shall be punished Penalty. as provided under sections 1111 and 1112 of this title, except that any such person who is found guilty of murder in the first degree shall be sentenced to imprisonment for life. “(b) For the purpose of this section ‘foreign official’ means— Definitions. “(1) a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and “(2) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee. “(c) For the purpose of this section: “(1) ‘Foreign government’ means the government of a foreign country, irrespective of recognition by the United States. “(2) ‘International organization’ means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288). 59 Stat. 669. “(3) ‘Family’ includes (a) a spouse, parent, brother or sister, child, or person to whom the foreign official stands in loco parentis, or (b) any other person living in his household and related to the foreign official by blood or marriage. “(4) ‘Official guest’ means a citizen or national of a foreign country present in the United States as an official guest of the government of the United States pursuant to designation as such by the Secretary of State. “§ 1117. Conspiracy to murder “If two or more persons conspire to violate section 1111, 1114, or 1116 of this title, and one or more of such persons do any overt act to 62 Stat. 756; 65 Stat. 721; Supra. effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life.”

  2. Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons

    Pub. L. 94–467 § 2 · 90 Stat. 1997

    Substituted · 18 U.S.C. § 1116

    Pub. L. 94–467 substituted “official guests, or internationally protected persons” for “or official guests”

    Source evidence

    Code amendment note
    Catchline. Pub. L. 94–467 substituted “official guests, or internationally protected persons” for “or official guests”.

    Enacted provision · exact public law section
    Sec. 2. Section 1116 of title 18, United States Code, is amended to read as follows: “§ 1116. Murder or manslaughter of foreign officials, official guests, or internationally protected persons “(a) Whoever kills or attempts to kill a foreign official, official guest, or internationally protected person shall be punished as provided under sections 1111, 1112, and 1113 of this title, except that any such person 18 USC 1111–1113. who is found guilty of murder in the first degree shall be sentenced to imprisonment for life, and any such person who is found guilty of attempted murder shall be imprisoned for not more than twenty years, “(b) For the purposes of this section: Definitions. “(1) ‘Family’ includes (a) a spouse, parent, brother or sister, child, or person to whom the foreign official or internationally protected person stands in loco parentis, or (b) any other person living in his household and related to the foreign official or internationally protected person by blood or marriage. “(2) ‘Foreign government’ means the government of a foreign country, irrespective of recognition by the United States. “(3) ‘Foreign official’means— “(A) a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and “(B) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee. “(4) ‘Internationally protected person’ means— “(A) a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him; or “(B) any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household. “(5) ‘International organization’ means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288). “(6) ‘Official guest’ means a citizen or national of a foreign country present m the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State. “(c) If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of 18 USC 5, 7. sections 5 and 7 of this title and section 101 (31) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(34)). “(d) In the course of enforcement of this section and any other sections prohibiting a conspiracy or attempt to violate, this section, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.”.

  3. Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons

    Pub. L. 94–467 § 2 · 90 Stat. 1997

    Inserted · 18 U.S.C. § 1116(a)

    Pub. L. 94–467 inserted reference to internationally protected persons, section 1113 of this title, and the punishment for a person convicted of attempted murder

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–467 inserted reference to internationally protected persons, section 1113 of this title, and the punishment for a person convicted of attempted murder.

    Enacted provision · exact public law section
    Sec. 2. Section 1116 of title 18, United States Code, is amended to read as follows: “§ 1116. Murder or manslaughter of foreign officials, official guests, or internationally protected persons “(a) Whoever kills or attempts to kill a foreign official, official guest, or internationally protected person shall be punished as provided under sections 1111, 1112, and 1113 of this title, except that any such person 18 USC 1111–1113. who is found guilty of murder in the first degree shall be sentenced to imprisonment for life, and any such person who is found guilty of attempted murder shall be imprisoned for not more than twenty years, “(b) For the purposes of this section: Definitions. “(1) ‘Family’ includes (a) a spouse, parent, brother or sister, child, or person to whom the foreign official or internationally protected person stands in loco parentis, or (b) any other person living in his household and related to the foreign official or internationally protected person by blood or marriage. “(2) ‘Foreign government’ means the government of a foreign country, irrespective of recognition by the United States. “(3) ‘Foreign official’means— “(A) a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and “(B) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee. “(4) ‘Internationally protected person’ means— “(A) a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him; or “(B) any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household. “(5) ‘International organization’ means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288). “(6) ‘Official guest’ means a citizen or national of a foreign country present m the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State. “(c) If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of 18 USC 5, 7. sections 5 and 7 of this title and section 101 (31) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(34)). “(d) In the course of enforcement of this section and any other sections prohibiting a conspiracy or attempt to violate, this section, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.”.

  4. Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons

    Pub. L. 94–467 § 2 · 90 Stat. 1997

    1. Amended · 18 U.S.C. § 1116(b)

      Pub. L. 94–467 designated existing provision, relating to definition of “foreign official” as par. (3)(A), (B)

    2. Added · 18 U.S.C. § 1116(b)

      Pub. L. 94–467 added pars. (1), (2), (4), (5) and (6)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–467 designated existing provision, relating to definition of “foreign official” as par. (3)(A), (B), and added pars. (1), (2), (4), (5) and (6).

    Enacted provision · exact public law section
    Sec. 2. Section 1116 of title 18, United States Code, is amended to read as follows: “§ 1116. Murder or manslaughter of foreign officials, official guests, or internationally protected persons “(a) Whoever kills or attempts to kill a foreign official, official guest, or internationally protected person shall be punished as provided under sections 1111, 1112, and 1113 of this title, except that any such person 18 USC 1111–1113. who is found guilty of murder in the first degree shall be sentenced to imprisonment for life, and any such person who is found guilty of attempted murder shall be imprisoned for not more than twenty years, “(b) For the purposes of this section: Definitions. “(1) ‘Family’ includes (a) a spouse, parent, brother or sister, child, or person to whom the foreign official or internationally protected person stands in loco parentis, or (b) any other person living in his household and related to the foreign official or internationally protected person by blood or marriage. “(2) ‘Foreign government’ means the government of a foreign country, irrespective of recognition by the United States. “(3) ‘Foreign official’means— “(A) a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and “(B) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee. “(4) ‘Internationally protected person’ means— “(A) a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him; or “(B) any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household. “(5) ‘International organization’ means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288). “(6) ‘Official guest’ means a citizen or national of a foreign country present m the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State. “(c) If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of 18 USC 5, 7. sections 5 and 7 of this title and section 101 (31) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(34)). “(d) In the course of enforcement of this section and any other sections prohibiting a conspiracy or attempt to violate, this section, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.”.

  5. Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons

    Pub. L. 94–467 § 2 · 90 Stat. 1997

    Substituted · 18 U.S.C. § 1116(c)

    Pub. L. 94–467 substituted provision permitting the United States to exercise jurisdiction over an offense if the victim is an internationally protected person and the alleged offender is present within the United States for provision which defined “foreign government”, “international organization”, “family”, and “official guest”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 94–467 substituted provision permitting the United States to exercise jurisdiction over an offense if the victim is an internationally protected person and the alleged offender is present within the United States for provision which defined “foreign government”, “international organization”, “family”, and “official guest”.

    Enacted provision · exact public law section
    Sec. 2. Section 1116 of title 18, United States Code, is amended to read as follows: “§ 1116. Murder or manslaughter of foreign officials, official guests, or internationally protected persons “(a) Whoever kills or attempts to kill a foreign official, official guest, or internationally protected person shall be punished as provided under sections 1111, 1112, and 1113 of this title, except that any such person 18 USC 1111–1113. who is found guilty of murder in the first degree shall be sentenced to imprisonment for life, and any such person who is found guilty of attempted murder shall be imprisoned for not more than twenty years, “(b) For the purposes of this section: Definitions. “(1) ‘Family’ includes (a) a spouse, parent, brother or sister, child, or person to whom the foreign official or internationally protected person stands in loco parentis, or (b) any other person living in his household and related to the foreign official or internationally protected person by blood or marriage. “(2) ‘Foreign government’ means the government of a foreign country, irrespective of recognition by the United States. “(3) ‘Foreign official’means— “(A) a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and “(B) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee. “(4) ‘Internationally protected person’ means— “(A) a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him; or “(B) any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household. “(5) ‘International organization’ means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288). “(6) ‘Official guest’ means a citizen or national of a foreign country present m the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State. “(c) If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of 18 USC 5, 7. sections 5 and 7 of this title and section 101 (31) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(34)). “(d) In the course of enforcement of this section and any other sections prohibiting a conspiracy or attempt to violate, this section, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.”.

  6. Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons

    Pub. L. 94–467 § 2 · 90 Stat. 1997

    Added · 18 U.S.C. § 1116(d)

    Pub. L. 94–467 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 94–467 added subsec. (d).

    Enacted provision · exact public law section
    Sec. 2. Section 1116 of title 18, United States Code, is amended to read as follows: “§ 1116. Murder or manslaughter of foreign officials, official guests, or internationally protected persons “(a) Whoever kills or attempts to kill a foreign official, official guest, or internationally protected person shall be punished as provided under sections 1111, 1112, and 1113 of this title, except that any such person 18 USC 1111–1113. who is found guilty of murder in the first degree shall be sentenced to imprisonment for life, and any such person who is found guilty of attempted murder shall be imprisoned for not more than twenty years, “(b) For the purposes of this section: Definitions. “(1) ‘Family’ includes (a) a spouse, parent, brother or sister, child, or person to whom the foreign official or internationally protected person stands in loco parentis, or (b) any other person living in his household and related to the foreign official or internationally protected person by blood or marriage. “(2) ‘Foreign government’ means the government of a foreign country, irrespective of recognition by the United States. “(3) ‘Foreign official’means— “(A) a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and “(B) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee. “(4) ‘Internationally protected person’ means— “(A) a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him; or “(B) any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household. “(5) ‘International organization’ means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288). “(6) ‘Official guest’ means a citizen or national of a foreign country present m the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State. “(c) If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of 18 USC 5, 7. sections 5 and 7 of this title and section 101 (31) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(34)). “(d) In the course of enforcement of this section and any other sections prohibiting a conspiracy or attempt to violate, this section, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.”.

  7. Pub. L. 95–163 § 17(b)(1) · 91 Stat. 1278

    Substituted · 18 U.S.C. § 1116(c)

    Pub. L. 95–163 substituted reference to section 101(35) of the Federal Aviation Act of 1958 for reference to section 101(34) of such Act

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 95–163 substituted reference to section 101(35) of the Federal Aviation Act of 1958 for reference to section 101(34) of such Act.

    Enacted provision · exact public law section
    (1) renumbering paragraphs (11) through (38), and any references thereto, as paragraphs (12) through (39), respectively; and

  8. An Act to provide for Government guarantee of private loans of certain air carriers for purchase of modern aircraft and equipment, to foster the development and use of modern transport aircraft by such carriers, and for other purposes

    Pub. L. 95–504 § 2(b) · 92 Stat. 1705

    Substituted · 18 U.S.C. § 1116(c)

    Pub. L. 95–504 substituted reference to section 101(38) of the Federal Aviation Act of 1958 for reference to section 101(35) of such Act

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 95–504 substituted reference to section 101(38) of the Federal Aviation Act of 1958 for reference to section 101(35) of such Act.

    Enacted provision · exact public law section
    (b) Section 101 of such Act is amended by renumbering the paragraphs of such section, including all references thereto, as paragraphs (1) through (41), respectively.

  9. Convention on the Physical Protection of Nuclear Material Implementation Act of 1982

    Pub. L. 97–351 § 3 · 96 Stat. 1663

    Inserted · 18 U.S.C. § 1116(b)(5)

    Pub. L. 97–351 inserted provision relating to a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of foreign affairs

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 97–351 inserted provision relating to a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of foreign affairs.

    Enacted provision · exact public law section
    Sec. 3. amendment to definition of international organizations used in defining offenses against internationally protected persons Section 1116(b)(5) of title 18 of the United States Code is amended by inserting before the period the following: “or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs”.

  10. Pub. L. 103–272 § 5(e)(2) · 108 Stat. 745

    Substituted · 18 U.S.C. § 1116(c)

    Pub. L. 103–272 substituted “section 46501(2) of title 49” for “section 101(38) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(38))”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–272 substituted “section 46501(2) of title 49” for “section 101(38) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(38))”.

    Enacted provision · exact public law section
    (2) In the last sentence of sections 112(e), 878(d), 1116(c), and 1201(e), strike “section” and all that follows and substitute “section 46501(2) of title 49.”

  11. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330006 · 108 Stat. 1796

    Struck · 18 U.S.C. § 1116(a)

    Pub. L. 103–322, § 330006, which directed the striking of “, and any such person who is found guilty of attempted murder shall be imprisoned for not more than twenty years” before period at end, was executed by striking text which did not include “, and”, to reflect the probable intent of Congress and the prior amendment by Pub. L. 103–322, § 60003(a)(5). See below

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–322, § 330006, which directed the striking of “, and any such person who is found guilty of attempted murder shall be imprisoned for not more than twenty years” before period at end, was executed by striking text which did not include “, and”, to reflect the probable intent of Congress and the prior amendment by Pub. L. 103–322, § 60003(a)(5). See below.

    Enacted provision · exact public law section
    SEC. 330006. ELIMINATION OF REDUNDANT PENALTY PROVISION IN 18 U.S.C. 1116. Section 1116(a) of title 18, United States Code, is amended by striking “, and any such person who is found guilty of attempted murder shall be imprisoned for not more than twenty years”.

  12. Federal Death Penalty Act of 1994

    Pub. L. 103–322 § 60003(a)(5) · 108 Stat. 1796

    Struck · 18 U.S.C. § 1116(a)

    Pub. L. 103–322, § 60003(a)(5), struck out “any such person who is found guilty of murder in the first degree shall be sentenced to imprisonment for life, and” after “title, except that”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 60003(a)(5), struck out “any such person who is found guilty of murder in the first degree shall be sentenced to imprisonment for life, and” after “title, except that”.

    Enacted provision · exact public law section
    (5) Killing of foreign official.— Section 1116(a) of title 18, United States Code, is amended by striking “any such person who is found guilty of murder in the first degree shall be sentenced to imprisonment for life, and”.

  13. Pub. L. 104–132 § 721(c)(1) · 110 Stat. 1214

    Added · 18 U.S.C. § 1116(b)(7)

    Pub. L. 104–132, § 721(c)(1), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 104–132, § 721(c)(1), added par. (7).

    Enacted provision · exact public law section
    (1) in subsection (b), by adding at the end the following: “(7) ‘National of the United States’ has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).”; and

  14. Pub. L. 104–132 § 721(c)(2) · 110 Stat. 1214

    1. Inserted · 18 U.S.C. § 1116(c)

      Pub. L. 104–132, § 721(c)(2), inserted first sentence

    2. Struck · 18 U.S.C. § 1116(c)

      Pub. L. 104–132, § 721(c)(2), struck out former first sentence which read as follows: “If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–132, § 721(c)(2), inserted first sentence and struck out former first sentence which read as follows: “If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender.”

    Enacted provision · exact public law section
    (2) in subsection (c), by striking the first sentence and inserting the following: “If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States.”.

  15. Economic Espionage Act of 1996

    Pub. L. 104–294 title VI § 601(g)(2) · 110 Stat. 3488

    Struck · 18 U.S.C. § 1116(a)

    Pub. L. 104–294 struck out “, except that” at end

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–294 struck out “, except that” at end.

    Enacted provision · exact public law section
    (2) Striking material unsuccessfully attempted to be stricken from section 1116 by public law 103–322.— Subsection(a) of section 1116 of title 18, United States Code, is amended by striking “, except” and all that follows through the end of such subsection and inserting a period.

17 of 17 references resolved to an enrolled provision

Editorial Notes

Amendments1976–1996 · 6 rounds

1996

Subsec. (a). Pub. L. 104–294 struck out “, except that” at end.

Subsec. (b)(7). Pub. L. 104–132, § 721(c)(1), added par. (7).

Subsec. (c). Pub. L. 104–132, § 721(c)(2), inserted first sentence and struck out former first sentence which read as follows: “If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender.”

1994

Subsec. (a). Pub. L. 103–322, § 330006, which directed the striking of “, and any such person who is found guilty of attempted murder shall be imprisoned for not more than twenty years” before period at end, was executed by striking text which did not include “, and”, to reflect the probable intent of Congress and the prior amendment by Pub. L. 103–322, § 60003(a)(5). See below.

Pub. L. 103–322, § 60003(a)(5), struck out “any such person who is found guilty of murder in the first degree shall be sentenced to imprisonment for life, and” after “title, except that”.

Subsec. (c). Pub. L. 103–272 substituted “section 46501(2) of title 49” for “section 101(38) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(38))”.

1982

Subsec. (b)(5). Pub. L. 97–351 inserted provision relating to a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of foreign affairs.

1978

Subsec. (c). Pub. L. 95–504 substituted reference to section 101(38) of the Federal Aviation Act of 1958 for reference to section 101(35) of such Act.

1977

Subsec. (c). Pub. L. 95–163 substituted reference to section 101(35) of the Federal Aviation Act of 1958 for reference to section 101(34) of such Act.

1976

Catchline. Pub. L. 94–467 substituted “official guests, or internationally protected persons” for “or official guests”.

Subsec. (a). Pub. L. 94–467 inserted reference to internationally protected persons, section 1113 of this title, and the punishment for a person convicted of attempted murder.

Subsec. (b). Pub. L. 94–467 designated existing provision, relating to definition of “foreign official” as par. (3)(A), (B), and added pars. (1), (2), (4), (5) and (6).

Subsec. (c). Pub. L. 94–467 substituted provision permitting the United States to exercise jurisdiction over an offense if the victim is an internationally protected person and the alleged offender is present within the United States for provision which defined “foreign government”, “international organization”, “family”, and “official guest”.

Subsec. (d). Pub. L. 94–467 added subsec. (d).

Credits

1972–1996 · 9 acts
  1. 1972Added Pub. L. 92–539, title I, § 101, , 86 Stat. 1071
  2. 1976amended Pub. L. 94–467, § 2, , 90 Stat. 1997
  3. 1977Pub. L. 95–163, § 17(b)(1), , 91 Stat. 1286
  4. 1978Pub. L. 95–504, § 2(b), , 92 Stat. 1705
  5. 1982Pub. L. 97–351, § 3, , 96 Stat. 1666
  6. 1994Pub. L. 103–272, § 5(e)(2), , 108 Stat. 1373
  7. 1994Pub. L. 103–322, title VI, § 60003(a)(5), title XXXIII, § 330006, , 108 Stat. 1969, 2142
  8. 1996Pub. L. 104–132, title VII, § 721(c), , 110 Stat. 1298
  9. 1996Pub. L. 104–294, title VI, § 601(g)(2), , 110 Stat. 3500.
Show as published

(Added Pub. L. 92–539, title I, § 101, , 86 Stat. 1071; amended Pub. L. 94–467, § 2, , 90 Stat. 1997; Pub. L. 95–163, § 17(b)(1), , 91 Stat. 1286; Pub. L. 95–504, § 2(b), , 92 Stat. 1705; Pub. L. 97–351, § 3, , 96 Stat. 1666; Pub. L. 103–272, § 5(e)(2), , 108 Stat. 1373; Pub. L. 103–322, title VI, § 60003(a)(5), title XXXIII, § 330006, , 108 Stat. 1969, 2142; Pub. L. 104–132, title VII, § 721(c), , 110 Stat. 1298; Pub. L. 104–294, title VI, § 601(g)(2), , 110 Stat. 3500.)

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