§ 1116. — Murder or manslaughter of foreign officials, official guests, or internationally protected persons.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1116]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 51--HOMICIDE
Sec. 1116. Murder or manslaughter of foreign officials, official
guests, or internationally protected persons
(a) Whoever kills or attempts to kill a foreign official, official
guest, or internationally protected person shall be punished as provided
under sections 1111, 1112, and 1113 of this title.
(b) For the purposes of this section:
(1) ``Family'' includes (a) a spouse, parent, brother or sister,
child, or person to whom the foreign official or internationally
protected person stands in loco parentis, or (b) any other person
living in his household and related to the foreign official or
internationally protected person by blood or marriage.
(2) ``Foreign government'' means the government of a foreign
country, irrespective of recognition by the United States.
(3) ``Foreign official'' means--
(A) a Chief of State or the political equivalent, President,
Vice President, Prime Minister, Ambassador, Foreign Minister, or
other officer of Cabinet rank or above of a foreign government
or the chief executive officer of an international organization,
or any person who has previously served in such capacity, and
any member of his family, while in the United States; and
(B) any person of a foreign nationality who is duly notified
to the United States as an officer or employee of a foreign
government or international organization, and who is in the
United States on official business, and any member of his family
whose presence in the United States is in connection with the
presence of such officer or employee.
(4) ``Internationally protected person'' means--
(A) a Chief of State or the political equivalent, head of
government, or Foreign Minister whenever such person is in a
country other than his own and any member of his family
accompanying him; or
(B) any other representative, officer, employee, or agent of
the United States Government, a foreign government, or
international organization who at the time and place concerned
is entitled pursuant to international law to special protection
against attack upon his person, freedom, or dignity, and any
member of his family then forming part of his household.
(5) ``International organization'' means a public international
organization designated as such pursuant to section 1 of the
International Organizations Immunities Act (22 U.S.C. 288) or a
public organization created pursuant to treaty or other agreement
under international law as an instrument through or by which two or
more foreign governments engage in some aspect of their conduct of
international affairs.
(6) ``Official guest'' means a citizen or national of a foreign
country present in the United States as an official guest of the
Government of the United States pursuant to designation as such by
the Secretary of State.
(7) ``National of the United States'' has the meaning prescribed
in section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)).
(c) If the victim of an offense under subsection (a) is an
internationally protected person outside the United States, the United
States may exercise jurisdiction over the offense if (1) the victim is a
representative, officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender is
afterwards found in the United States. As used in this subsection, the
United States includes all areas under the jurisdiction of the United
States including any of the places within the provisions of sections 5
and 7 of this title and section 46501(2) of title 49.
(d) In the course of enforcement of this section and any other
sections prohibiting a conspiracy or attempt to violate this section,
the Attorney General may request assistance from any Federal, State, or
local agency, including the Army, Navy, and Air Force, any statute,
rule, or regulation to the contrary notwithstanding.
(Added Pub. L. 92-539, title I, Sec. 101, Oct. 24, 1972, 86 Stat. 1071;
amended Pub. L. 94-467, Sec. 2, Oct. 8, 1976, 90 Stat. 1997; Pub. L. 95-
163, Sec. 17(b)(1), Nov. 9, 1977, 91 Stat. 1286; Pub. L. 95-504,
Sec. 2(b), Oct. 24, 1978, 92 Stat. 1705; Pub. L. 97-351, Sec. 3, Oct.
18, 1982, 96 Stat. 1666; Pub. L. 103-272, Sec. 5(e)(2), July 5, 1994,
108 Stat. 1373; Pub. L. 103-322, title VI, Sec. 60003(a)(5), title
XXXIII, Sec. 330006, Sept. 13, 1994, 108 Stat. 1969, 2142; Pub. L. 104-
132, title VII, Sec. 721(c), Apr. 24, 1996, 110 Stat. 1298; Pub. L. 104-
294, title VI, Sec. 601(g)(2), Oct. 11, 1996, 110 Stat. 3500.)
Amendments
1996--Subsec. (a). Pub. L. 104-294 struck out ``, except that'' at
end.
Subsec. (b)(7). Pub. L. 104-132, Sec. 721(c)(1), added par. (7).
Subsec. (c). Pub. L. 104-132, Sec. 721(c)(2), inserted first
sentence and struck out former first sentence which read as follows:
``If the victim of an offense under subsection (a) is an internationally
protected person, the United States may exercise jurisdiction over the
offense if the alleged offender is present within the United States,
irrespective of the place where the offense was committed or the
nationality of the victim or the alleged offender.''
1994--Subsec. (a). Pub. L. 103-322, Sec. 330006, which directed the
striking of ``, and any such person who is found guilty of attempted
murder shall be imprisoned for not more than twenty years'' before
period at end, was executed by striking text which did not include ``,
and'', to reflect the probable intent of Congress and the prior
amendment by Pub. L. 103-322, Sec. 60003(a)(5). See below.
Pub. L. 103-322, Sec. 60003(a)(5), struck out ``any such person who
is found guilty of murder in the first degree shall be sentenced to
imprisonment for life, and'' after ``title, except that''.
Subsec. (c). Pub. L. 103-272 substituted ``section 46501(2) of title
49'' for ``section 101(38) of the Federal Aviation Act of 1958, as
amended (49 U.S.C. 1301(38))''.
1982--Subsec. (b)(5). Pub. L. 97-351 inserted provision relating to
a public organization created pursuant to treaty or other agreement
under international law as an instrument through or by which two or more
foreign governments engage in some aspect of their conduct of foreign
affairs.
1978--Subsec. (c). Pub. L. 95-504 substituted reference to section
101(38) of the Federal Aviation Act of 1958 for reference to section
101(35) of such Act.
1977--Subsec. (c). Pub. L. 95-163 substituted reference to section
101(35) of the Federal Aviation Act of 1958 for reference to section
101(34) of such Act.
1976--Catchline. Pub. L. 94-467 substituted ``official guests, or
internationally protected persons'' for ``or official guests''.
Subsec. (a). Pub. L. 94-467 inserted reference to internationally
protected persons, section 1113 of this title, and the punishment for a
person convicted of attempted murder.
Subsec. (b). Pub. L. 94-467 designated existing provision, relating
to definition of ``foreign official'' as par. (3)(A), (B), and added
pars. (1), (2), (4), (5) and (6).
Subsec. (c). Pub. L. 94-467 substituted provision permitting the
United States to exercise jurisdiction over an offense if the victim is
an internationally protected person and the alleged offender is present
within the United States for provision which defined ``foreign
government'', ``international organization'', ``family'', and ``official
guest''.
Subsec. (d). Pub. L. 94-467 added subsec. (d).
Section Referred to in Other Sections
This section is referred to in sections 11, 112, 878, 970, 1117,
1201, 1956, 2332b, 2332f, 2333, 2339A, 2339C, 3592 of this title; title
8 section 1182; title 42 section 14135a.
