18 U.S.C. § 1114 – Murder/attempted murder of federal officers and employees

18 U.S.C. § 1116 – Murder/Manslaughter of Foreign Officials

18 U.S.C. § 1116 is a federal law that prohibits the murder, manslaughter, or attempted murder of foreign officials, official guests, or internationally protected persons. This statute allows federal prosecution of these crimes even if committed within a state.

Background of 18 U.S.C. § 1116

This law was enacted in 1972 as part of the legislation implementing the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons. It expanded federal jurisdiction over crimes against foreign dignitaries and officials visiting the United States.

Section 1116 filled a gap in federal law regarding crimes against foreign officials committed on U.S. soil. It ensured the U.S. could prosecute these offenses even if they occurred within a state’s jurisdiction.

Key Provisions of 18 U.S.C. § 1116

The key elements of 18 U.S.C. § 1116 include:

• Murder, manslaughter, or attempted murder
• Of a foreign official, official guest, or internationally protected person
• Regardless of whether the crime occurs inside or outside the U.S.

“Internationally protected person” refers to senior foreign officials like diplomats, ministers, or heads of state who are entitled to special protection under international law.

Penalties Under 18 U.S.C. § 1116

Violating this statute carries severe penalties. The maximum sentence is:

• Murder – Death or life imprisonment
• Manslaughter – Imprisonment up to 15 years
• Attempted murder – Imprisonment up to 20 years

Fines, restitution to victims, and supervised release may also be imposed. The death penalty can apply if the murder was willful, deliberate, malicious, and premeditated.

Comparison to State Laws on Murder

Most states also criminalize murder, manslaughter, and attempted murder under state laws. But 18 U.S.C. § 1116 establishes concurrent federal jurisdiction when the victim is a foreign dignitary or official.

This allows federal prosecution of these crimes regardless of the laws in the state where they occur. Prosecutors have discretion whether to bring state or federal charges.

Possible Defenses Under 18 U.S.C. § 1116

There are some potential defenses that a defendant can raise against charges under 18 U.S.C. § 1116:

• Misidentification – The victim was not a protected foreign official
• No intent to kill – The act was not purposeful or premeditated murder
• Self-defense – Lawful use of force to protect against death or serious harm
• Insanity – Defendant was unable to understand actions or distinguish right from wrong

An experienced federal criminal defense attorney can advise on the viability of any defenses in a particular case involving allegations under this statute.

Policy Considerations and Controversies

While 18 U.S.C. § 1116 serves important purposes, it has generated some controversy and policy debates:

• Should the federal death penalty be permitted for crimes under this statute?
• Does the law infringe on states’ rights regarding murder prosecutions?
• Should diplomatic immunity protect foreign officials from some charges?
• Does the law apply fairly to U.S. versus foreign nationals?

These issues illustrate the complex balancing act between international law, federalism, human rights, and criminal justice policy.

Comparison to Other Relevant Federal Laws

Related federal laws that may apply in certain cases include:

• 18 U.S.C. § 351 – Murder/assault of Members of Congress or Cabinet
• 18 U.S.C. § 1751 – Murder/assault of President or Vice President
• 18 U.S.C. § 1114 – Murder of federal officers or employees

But § 1116 is unique in establishing federal jurisdiction over murder or manslaughter of foreign dignitaries and officials visiting the U.S.

Conclusion

18 U.S.C. § 1116 prohibits murder, manslaughter, or attempted murder of foreign officials and dignitaries, even when committed within a U.S. state. The severe penalties reflect the seriousness of crimes against internationally protected persons. Anyone charged under this complex law should immediately consult counsel to protect their rights.

References:

[1] 18 U.S. Code § 1116 – Murder or manslaughter of foreign officials, official guests, or internationally protected persons

[2] Murder or Manslaughter of Foreign Officials | 18 U.S.C § 1116

[3] 18 U.S. Code § 1116 – Murder or manslaughter of foreign officials, official guests, or internationally protected persons

[4] 18 U.S.C. § 1116 – U.S. Code Title 18. Crimes and Criminal Procedure § 1116

[5] 18 U.S. Code 1113 | Attempt to Commit Murder or Manslaughter

[6] Appendix 101 – The Law of Homicide