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09 Oct 25

What is murder on federal property

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Thanks for visiting Spodek Law Group. At Spodek Law Group – we understand that finding yourself facing federal murder charges is the most serious legal crisis you’ll ever confront. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience defending clients in the most challenging federal cases – many of the cases we’re famous for handling, like the Anna Delvey Netflix series case and the Ghislaine Maxwell juror misconduct case, were cases others said were unwinnable.

This article explains what murder on federal property means, which locations trigger federal jurisdiction, the statutes prosecutors use, and how 2025 policy changes have made these cases more dangerous than ever. If you’re being investigated for or charged with murder on federal property, you’re facing mandatory life imprisonment or the death penalty – and you need experienced federal criminal defense counsel immediately.

Federal Property Means Federal Prosecution

Murder becomes a federal crime when it occurs on property under federal jurisdiction. That includes military bases, national parks, federal courthouses, post offices, VA hospitals, Indian reservations, federal prisons, and any other land designated as a federal enclave. The location determines everything.

The federal government has three types of jurisdiction over property – exclusive, concurrent, and proprietary. Exclusive jurisdiction means only federal law applies. Most federal enclaves operate under exclusive jurisdiction, which means if you commit murder at Yellowstone National Park or Fort Bragg, you’re getting charged federally. There’s no state option.

Federal prosecutors also have authority under the Special Maritime and Territorial Jurisdiction of the United States, defined in 18 U.S.C. § 7. This covers murders on U.S. ships at sea, aircraft in flight, and anywhere outside state boundaries but under U.S. control.

18 USC 1111 – The Federal Murder Statute

18 U.S.C. § 1111 defines murder as the unlawful killing of a human being with malice aforethought. Federal law divides murder into first degree and second degree, just like most states – but the penalties are harsher.

First-degree murder includes any killing that’s premeditated, committed during certain felonies (kidnapping, arson, rape, robbery, burglary, carjacking), involves poison, or is particularly heinous. The mandatory penalty is life imprisonment or death. Second-degree murder covers all other intentional killings with malice. The maximum sentence is life, but judges have discretion below that.

Federal murder charges also appear in 18 U.S.C. § 1114, which covers killing federal officers and employees. That statute applies regardless of location – you don’t need to be on federal property to face federal murder charges if the victim is a federal agent, judge, prosecutor, or other federal employee killed because of their official duties. Penalties are identical: death or life.

The distinction between state and federal murder prosecutions matters enormously. Federal sentencing is harsher, federal juries convict at higher rates, and federal judges follow guidelines that often result in longer sentences than state courts. You’re also dealing with federal prosecutors who have unlimited resources – FBI agents, forensic labs, expert witnesses, and years to build the case before indictment.

Where Federal Jurisdiction Applies

National parks are classic federal enclaves. In 2024, a Virginia woman was prosecuted federally after driving 300 miles to Cuyahoga Valley National Park in Ohio, where she shot and killed a man she’d arranged to meet. She pleaded guilty to murder on federal property and received more than 22 years in prison. That case shows how federal jurisdiction works – the crime occurred inside park boundaries, so state prosecutors had no authority. Only DOJ could charge her.

Military bases operate the same way. Most installations have exclusive federal jurisdiction, meaning murders at Fort Hood, Camp Pendleton, or any other base get prosecuted under 18 USC 1111 in federal court. Some bases have concurrent jurisdiction where both federal and state prosecutors can bring charges, but federal authorities almost always take the case when murder is involved.

Federal courthouses, office buildings, and other government facilities also qualify. If someone commits murder inside a federal courthouse – say, killing a witness in the hallway during a trial – that’s automatically federal. Indian reservations frequently fall under federal jurisdiction through the Major Crimes Act, though jurisdiction can depend on tribal status and specific agreements.

2025 Death Penalty Expansion

Federal murder prosecutions have become far more aggressive in 2025. President Trump issued an executive order on January 20, 2025, directing the Attorney General to pursue the death penalty for capital crimes. Attorney General Pam Bondi followed with a memorandum on February 5, 2025, lifting the moratorium on federal executions that had been in place since July 2021.

The new DOJ policy establishes an expectation that federal prosecutors will seek the death penalty for murders of law enforcement officers and capital crimes committed on federal property – absent significant mitigating circumstances. That’s a dramatic shift from the previous administration’s approach, where death penalty authorizations were rare and executions were halted entirely.

If you’re facing federal murder charges in 2025, death penalty prosecution is far more likely than it was three years ago. DOJ is pursuing capital punishment even in states that have abolished the death penalty or have moratoria. Federal law supersedes state policy on federal charges, so even if you commit murder on federal property in a state without the death penalty, federal prosecutors can – and likely will – seek execution.

Why Federal Prosecutors Charge These Cases

When murder occurs on exclusive federal property, prosecutors have no choice – federal law is the only law that applies. But even where concurrent jurisdiction exists, federal authorities usually take murder cases because they have advantages state prosecutors don’t. Federal investigators deploy resources that overwhelm most state agencies – FBI forensic labs, national databases, multi-jurisdictional task forces, unlimited funding.

Federal sentences are also longer on average. While some states have loosened sentencing laws, federal law remains aggressive on violent crime. The Federal Sentencing Guidelines calculate offense levels that often exceed what defendants would face in state court for identical conduct. Federal judges, even after Booker made the guidelines advisory, typically sentence within or near the guideline range.

What You Need to Know Right Now

If you’re under investigation for murder on federal property, every decision you make matters. Don’t speak to investigators without counsel present – nothing you say will convince federal agents to drop the case, and every statement you make becomes evidence. Don’t consent to searches, don’t try to explain what happened, and don’t assume that because you weren’t arrested immediately, you won’t be charged later.

At Spodek Law Group, we’ve handled federal cases involving the most serious allegations – from white-collar fraud that made national headlines to violent crime prosecutions where clients faced decades in prison. Our managing partner, Todd Spodek, is a second-generation federal criminal defense attorney who’s spent his entire career taking on cases others wouldn’t touch. We represented Anna Sorokin in the case that became a Netflix series and defended the Ghislaine Maxwell juror in a misconduct scandal that made national news.

Federal murder charges aren’t something you handle with just any lawyer. You need counsel who understands how federal prosecutors build capital cases, how to challenge jurisdiction, and how to present mitigation evidence if the case goes to sentencing. We understand that in 2025, with the death penalty back on the table, the stakes have never been higher.

If you’re facing murder charges on federal property, contact Spodek Law Group immediately. We’re available 24/7, and we handle federal criminal cases nationwide. This is the most serious charge the federal government can bring – don’t face it alone.