18 U.S.C. § 1113 – Attempt to commit murder/manslaughter

18 U.S.C. § 1113 – Attempt to Commit Murder/Manslaughter

18 U.S.C. § 1113 is a federal law that criminalizes attempting to commit murder or manslaughter within U.S. federal jurisdiction. This statute allows prosecution even if the murder or manslaughter is not completed.

Background on Federal Murder/Manslaughter Laws

There are several other related federal laws prohibiting various forms of murder and manslaughter, including:

18 U.S.C. § 1111 – Murder within federal jurisdiction
18 U.S.C. § 1112 – Manslaughter within federal jurisdiction
18 U.S.C. § 1114 – Murder of federal officers or employees

Section 1113 serves to criminalize attempted violations of these homicide statutes, closing a loophole that previously existed regarding incomplete crimes.

Key Provisions of 18 U.S.C. § 1113

The key elements of an attempt to commit murder or manslaughter under 18 U.S.C. § 1113 include:

Attempting to commit murder or manslaughter as defined under federal law
The attempt occurs within U.S. special maritime and territorial jurisdiction
The defendant had the specific intent to commit the completed crime

The attempted murder or manslaughter does not need to be successful to violate this statute. The crime is in the attempt itself.

Penalties for Violating 18 U.S.C. § 1113

Conviction under this law carries the following maximum sentences:

Attempted murder – Up to 20 years imprisonment
Attempted manslaughter – Up to 7 years imprisonment

Fines, probation, and supervised release may also be imposed. The potential penalties are lower than for a completed murder or manslaughter.

Comparison to State Attempt Laws

Most states also have laws prohibiting attempted murder and manslaughter. But 18 U.S.C. § 1113 establishes federal jurisdiction over such attempts when they occur within federal boundaries or involve federal officers/employees.

This allows federal prosecution regardless of the applicable state laws. Prosecutors have discretion whether to bring state or federal charges.

Possible Defenses to 18 U.S.C. § 1113 Charges

There are some potential defenses a defendant can raise against charges under 18 U.S.C. § 1113:

No intent – The defendant did not intend to commit murder/manslaughter
Self-defense – Lawful use of force to protect life
Entrapment – Improper inducement by law enforcement
Insanity – Unable to understand actions or distinguish right and wrong

An experienced federal criminal defense attorney can advise on the viability of any defenses based on the specific circumstances of the case.

Related Federal Laws on Attempted Crimes

There are also general federal attempt laws that could apply in certain cases:

18 U.S.C. § 1113 – Attempts to commit any federal felony
18 U.S.C. § 1117 – Conspiracy to commit murder (inchoate offense)

But § 1113 specifically covers attempts to commit federal murder or manslaughter.

Conclusion

18 U.S.C. § 1113 prohibits attempted murder or manslaughter within federal jurisdiction. Even if the crime is not completed, the attempt itself is a serious federal felony with severe penalties. Anyone charged under this law should immediately consult an attorney to protect their rights.