People often wonder is murder a federal crime or a state crime. It can be both.
The United States government defines murder in the U.S. Code, defines when it is a a federal or state crime, and the sentencing guidelines for first and second degree murder. In addition it has definitions and special circumstances that have to be met for murder-for-hire to be a federal matter.
We'll discuss each of the aspects mentioned above plus ways that alleged suspects may want to pursue a murder-related defense.
Disclaimer: It should be noted that this blog is for entertainment purposes only. I am not a licensed attorney. This blog is for informational purposes only. I am not familiar with every federal and state law. You should always consult a licensed attorney in the jurisdiction of your case for advice on dealing with a potential criminal record.
Is Murder A Federal Crime?
Yes. Murder is a federal crime defined under the U.S. Code Title 18 Part 1 Chapter 51 § 1111. Even though murder is a federal law, most murder cases are tried in a state court. Double jeopardy laws do not protect you from being tried for the same murder in both state and federal courts.
Furthermore, there is no statute of limitations on murder in the United States, meaning charges can be brought at any time after the crime.You can review the federal definition of murder below:
(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).
(June 25, 1948, ch. 645, 62 Stat. 756; Pub. L. 98–473, title II, § 1004, Oct. 12, 1984, 98 Stat. 2138; Pub. L. 99–646, § 87(c)(4), Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99–654, § 3(a)(4), Nov. 14, 1986, 100 Stat. 3663; Pub. L. 100–690, title VII, § 7025, Nov. 18, 1988, 102 Stat. 4397; Pub. L. 103–322, title VI, § 60003(a)(4), Sept. 13, 1994, 108 Stat. 1969; Pub. L. 108–21, title I, § 102, Apr. 30, 2003, 117 Stat. 652.)
When Is Murder A Federal Crime?
According to Shouse California Law Group there are 7 scenarios that make murder a federal crime instead of a state crime. The come down to killing an elected or appointed federal official, interstate commerce, or on federal property.
Killing a federal judge or law enforcement official: Don’t murder federal judges or agents from the FBI, TSA, ATF, or other law enforcement agencies unless you want to be tried in federal court.
Killing federal law enforcement officials family members: Federal law also pertains to family members of federal officials because the crime is likely to influence the official.
Murdering the President, Congressional members, or Supreme Court Justices: All murders of elected government officials are federal crimes. Just don’t do it.
Bank robbery murders: Robbing a bank is a federal offense, therefore any murder committed while robbing a bank will be tried at the federal level too.
Murder on a ship: International commerce is governed by the federal government based on the Commerce Clause of the Constitution. Otherwise, it’s governed by the country the ship is registered in.
Murder to obstruct court case: Even if the case wasn’t a federal case to begin with, if you kill a witness, you can catch a federal murder charge. This is commonly used against organized crime. Here’s the federal witness tampering laws.
Murder on federal property: Killing on national parks or other federally owned property is also under federal jurisdiction. That makes most murders in the middle of the desert federal murder.
Pro Tip: If you’re going to kill someone, do it in international waters on a boat that is registered in a non-extradition country that does not have capital punishment. But seriously don’t kill people.
Is Murder For Hire A Federal Crime?
Yes, murder for hire is a federal crime under specific conditions. If it falls into the seven categories of murder that are tried in federal court or the murder communications cross state lines the murder-for-hire is a federal crime.
Federal law defines murder-for-hire under 18 U.S.C. § 1958. Read the link on the Department of Justice to read the full law and history behind murder-for-hire.
A murder-for-hire charge can arise from activities on the internet, particularly on the dark web.
Law enforcement often conducts detailed investigations before arresting individuals for murder-for-hire. These murder-for-hire cases often involve a federal law enforcement officer using informants or undercover agents to monitor the accused.
Federal prosecutors must prove each element of the crime of murder-for-hire beyond a reasonable doubt. To secure a conviction for murder-for-hire, intent to kill or pay for a killing must be established.
The penalties for murder-for-hire vary depending on the case, ranging from no incarceration to the death penalty.
What Are Potential Defenses For Federal Murder Charges?
Many legal strategies can contest federal murder charges, including self-defense, insanity, throw out evidence, and accident.
Let’s look at each.
Self Defense
You can use a self-defense strategy when the defendant believes that they meet all three qualifications:
Were in “imminent danger.”
Needed to use force to escape danger.
Used appropriate force.
In other words, don’t shoot someone 100 times and try to claim self defense.
Accidental Killing
Sometimes die even when you do everything right. This legal defense works in criminal cases when there was no:
Intent to harm: You can’t do an action that you know would hurt people.
Other laws broken: When you’re breaking the law and it causes a death, at the minimum it’s being negligence, but it can also be pretty obvious you could hurt or kill someone.
Negligence: If a baby dies cause you don’t feed it for a month, you should probably be charged with murder. As long as you aren’t doing something that’s irresponsible you should be good if you can prove the other two.
Insanity
In murder cases, a defendant can assert an insanity defense, which can lead to treatment instead of imprisonment. Pleading insanity means that the person accused of murder had no understanding of the nature of the act and/or that it was right or wrong.
This can be hard to prove. Insanity worked more back in the day when schizophrenia and other mental illnesses were less understood. For instance, Ed Gein was able to use this to be locked in a mental hospital instead of a prison for life.
Throw Out Evidence
In some scenarios, you can get evidence thrown out before the trial even starts. This is how O.J. Simpson got away with the first degree murder of Nicole Brown Simpson and Ron Goldman. Read about why so much forensic evidence was ruled inadmissible.
Degrees Of Murder
What Is First Degree Murder?
First degree federal murder requires either premeditation of the murder or the crimes that the murder was committed while trying to accomplish. These include both the crime and attempt to commit of the following charges::
Arson
Escape
Murder
Kidnapping
Treason
Espionage
Sabotage
Aggravated sexual abuse
Sexual abuse
Child abuse
Burglary
Robbery
Torture
First degree, sometimes also called capital murder, may be either life imprisonment in a federal prison or the death penalty. The felony murder rule applies to first-degree murder, where a killing occurs during the commission of a felony. A conviction for first-degree murder requires proof of intent, while second-degree murder may not require intent to kill.
What is Second Degree Murder?
Any murder that doesn't meet the requirements of fist-degree murder counts as second degree murder in federal crime definitions. Second-degree murder is defined as killings that occur with implied malice or recklessness without premeditation.
Second-degree murder penalties can vary but typically involve a lengthy prison sentence of up to life. It should be noted that different states have various definitions of classifications for murder degrees based on their laws.
Closing
Taking a human life can have serious consequences. It should not be taken lightly. The circumstances of a murder will impact whether the murder is a state or federal crime, the degree of charges, and the probable consequences.
There are a lot of things to consider including whether a defendant intended to kill the person, whether there was reckless indifference, and whether there is insufficient evidence to prove the defendant kills intentionally.
When looking for lawyers, you should pay attention to questions asked. One of the first questions they ask is about what happened. Knowing whether there was an illegal search makes their lives much easier because they know they can potentially use that to get evidence thrown out.
Hopefully you never do anything to get federal murder cases, but if you do, I look forward to covering your story.
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