18 U.S.C. § 1119 — Foreign murder of United States nationals
submitted 32 years ago by Pub. L. 103-322 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 206 words · no verdicts yet
A U.S. national who kills another U.S. national abroad can face charges under U.S. murder laws. Prosecution needs written approval from a senior Justice Department official, unless a foreign country already prosecuted it. It also needs proof the person's home country cannot lawfully get them back, and courts cannot review that finding.
(a) Definition. In this section, a "national of the United States" has the meaning given in a different law, section 101(a)(22) of the Immigration and Nationality Act. This section does not define the term itself.
(b) Offense. A U.S. national commits a crime by killing or attempting to kill another U.S. national. This applies if it happens outside the United States but inside another country's jurisdiction. The punishment follows the rules for murder or manslaughter under sections 1111, 1112, and 1113.
(c) Limitations on Prosecution. No one may be prosecuted under this section unless the Attorney General, the Deputy Attorney General, or an Assistant Attorney General approves in writing first. This approval power cannot be handed off to anyone else. No approval can be given if a foreign country already prosecuted the same conduct.
A prosecution also needs a second finding. The Attorney General must work with the Secretary of State on this. Together they must determine that the person is no longer in the country where the killing happened. They must also find that country cannot lawfully get the person back. Courts cannot review the Attorney General's decision on this point.
facts
In this section, “national of the United States” has the meaning stated in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
A person who, being a national of the United States, kills or attempts to kill a national of the United States while such national is outside the United States but within the jurisdiction of another country shall be punished as provided under sections 1111, 1112, and 1113.
No prosecution may be instituted against any person under this section except upon the written approval of the Attorney General, the Deputy Attorney General, or an Assistant Attorney General, which function of approving prosecutions may not be delegated. No prosecution shall be approved if prosecution has been previously undertaken by a foreign country for the same conduct.
No prosecution shall be approved under this section unless the Attorney General, in consultation with the Secretary of State, determines that the conduct took place in a country in which the person is no longer present, and the country lacks the ability to lawfully secure the person’s return. A determination by the Attorney General under this paragraph is not subject to judicial review.
Source credit: (Added Pub. L. 103–322, title VI, § 60009(a), Sept. 13, 1994, 108 Stat. 1972.)
- 1994Enacted · Pub. L. 103-322 · 108 Stat. 1972
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