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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.
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.
References:
[1] 18 U.S. Code § 1113 – Attempt to commit murder or manslaughter
[2] 18 U.S. Code 1113 | Attempt to Commit Murder or Manslaughter
[3] Criminal Resource Manual 1510 – Murder, First Degree, 18 U.S.C. § 1111
[4] Attempted Murder | Wex | US Law | LII / Legal Information Institute