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18 U.S.C. § 1117 – Conspiracy to murder
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18 U.S.C. § 1117 – Conspiracy to Murder
18 U.S.C. § 1117 is a federal statute that makes it a crime to conspire or agree with one or more persons to commit murder. This law prohibits making plans or taking steps to murder another person, even if the murder is never actually attempted or completed.
Background of Federal Conspiracy Laws
The general federal conspiracy statute is 18 U.S.C. § 371, which prohibits conspiring to commit any offense against or defraud the United States. Section 1117 specifically covers murder conspiracies as a federal crime.
This law was enacted because simple murder conspiracy often could not be prosecuted under § 371, since it does not directly target the federal government. Section 1117 eliminated that jurisdictional limitation for murder conspiracies.
Key Elements of Conspiracy to Murder
The key elements required for a violation of 18 U.S.C. § 1117 are:
- An agreement between two or more persons
- To commit murder as defined under 18 U.S.C. § 1111
- One or more overt acts in furtherance of the murder conspiracy
The planned murder does not need to be completed for a conspiracy charge. The crime is in the act of making plans and taking steps towards the murder.
Penalties for Conspiracy to Murder
Conspiracy to commit murder under 18 U.S.C. § 1117 carries up to life imprisonment. The maximum sentence is:
- If death results from the conspiracy – Any term of years or life imprisonment
- If no death occurs – Up to life imprisonment
Fines, supervised release, and forfeiture may also be imposed. The potential punishment increases if the target of the conspiracy was a federal official or law enforcement officer.
Comparison to Other Federal Conspiracy Laws
There are other federal conspiracy laws that may apply in certain cases:
- 18 U.S.C. § 371 – General conspiracy against the U.S.
- 18 U.S.C. § 351 – Conspiracy to kill members of Congress, Supreme Court, or Cabinet
- 18 U.S.C. § 1751 – Conspiracy to assassinate the President or Vice President
But § 1117 can apply even when no federal interests are directly implicated. This allows federal prosecution of murder conspiracies between private individuals.
Defenses to Conspiracy to Murder
There are some possible defenses that a defendant can raise against charges under 18 U.S.C. § 1117:
- No actual agreement – Discussions but no real agreement to commit murder
- Entrapment – Government induced the defendant to commit the crime
- Impossibility – The conspiracy could not have been completed as planned
- Withdrawal – The defendant withdrew before any overt acts occurred
An experienced federal criminal defense attorney can determine if any evidence supports these or other possible defenses in a murder conspiracy case.
Conclusion
18 U.S.C. § 1117 allows federal prosecution of murder conspiracies even if no federal interests are directly implicated. The severe penalties reflect the seriousness of planning to unlawfully take a human life. Anyone charged under this law should immediately consult an attorney.
References:
[1] 18 U.S. Code § 1117 – Conspiracy to murder
[2] 18 U.S.C. § 371—Conspiracy to Defraud the United States
[3] Criminal Resource Manual 923 – Conspiracy to Defraud the United States (18 U.S.C. § 371)
[4] Conspiracy | Wex | US Law | LII / Legal Information Institute