Title 18 — Crimes and Criminal Procedure
Part I · Chapter 51 — Homicide
§ 1121. Killing persons aiding Federal investigations or State correctional officers
Statutory text
Whoever intentionally kills—
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—
while the victim is engaged in the performance of official duties;
because of the performance of the victim’s official duties; or
because of the victim’s status as a public servant; or
any person assisting a Federal criminal investigation, while that assistance is being rendered and because of it,
shall be sentenced according to the terms of section 1111, including by sentence of death or by imprisonment for life.
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.
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.
The circumstance referred to in paragraph (1) is that—
the correctional officer is engaged in transporting the incarcerated person interstate; or
the incarcerated person is incarcerated pursuant to a conviction for an offense against the United States.
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.
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.
Federal Death Penalty Act of 1994
Pub. L. 103–322 title VI § 60015(a) · 108 Stat. 1796
Enacted · 18 U.S.C. § 1121
Added Pub. L. 103–322, title VI, § 60015(a), Sept. 13, 1994, 108 Stat. 1974
Source evidence
Code source credit
Added Pub. L. 103–322, title VI, § 60015(a), Sept. 13, 1994, 108 Stat. 1974Enacted provision · exact public law section
(a) In General.— Chapter 51 of title 18, United States Code, as amended by section 60012(a), is amended by adding at the end the following new section: “§1121. Killing persons aiding Federal investigations or State correctional officers “(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, shall be sentenced according to the terms of section 1111, including by sentence of death or by imprisonment for life. “(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.”.Economic Espionage Act of 1996
Pub. L. 104–294 title VI § 607(k) · 110 Stat. 3488
Added · 18 U.S.C. § 1121(c)
Pub. L. 104–294 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–294 added subsec. (c).Enacted provision · exact public law section
(k) Section 1121 of title 18, United States Code, is amended by adding at the end the following new subsection: “(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.”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
1996—Subsec. (c). Pub. L. 104–294 added subsec. (c).
Credits
1994–1996 · 2 acts
- 1994Added Pub. L. 103–322, title VI, § 60015(a), , 108 Stat. 1974
- 1996amended Pub. L. 104–294, title VI, § 607(k), , 110 Stat. 3512.
Show as published
(Added Pub. L. 103–322, title VI, § 60015(a), , 108 Stat. 1974; amended Pub. L. 104–294, title VI, § 607(k), , 110 Stat. 3512.)