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1621. Substantive Offenses -- Murder -- 18 U.S.C. 1116

Title 18 U.S.C., section 1116(a) prohibits the killing or attempted killing of foreign officials, official guests, or internationally protected persons (IPPs). The penalty provisions of 18 U.S.C. §§ 1111 (murder), 1112 (manslaughter), and 1113 (attempt to commit murder or manslaughter) are made applicable, including the death penalty provisions of § 1111(b) for first degree murder. In cases where the gravamen of the violation of §  1116(a) is murder, the indictment should allege that the killing was with malice aforethought or with premeditation and malice aforethought as appropriate. See form indictment for murder of a foreign official in Drafting Indictments available on USABook.

[cited in JM 9-65.800]

Updated January 17, 2020