Is Murder a Federal Crime?

Posted on August 8, 2022

In most cases, the crime of murder is prosecuted in state courts as a state crime. But murder becomes a federal crime

1. when it occurs in violation of federal law, or
2. when it takes place on a federal land or territory.

Examples of when this occurs include when a

• murder is of a federal judge or a federal law enforcement official and
• when a person kills another human being during the commission of a bank robbery.

Federal murder cases can get charged as either first-degree murder or second-degree murder. First-degree murder is the more serious of the two and can lead to life in prison or the death penalty. A second-degree murder conviction can mean years in federal prison or even a life-term sentence.

A defendant can raise a legal defense to challenge a federal murder charge. Some defenses include the defendant showing that he/she:

• acted in self-defense,
• committed an accidental killing, or
• acted by reason of insanity.

The determination as to whether a murder charge is brought in state court vs. federal court is based on whether the accused violated:

• a state law, or
• a federal criminal law.

Our criminal defense attorneys will highlight the following in this article:

• 1. When is murder a federal offense?
• 2. Are there legal defenses to federal murder charges?
  • 2.1. Self-defense
  • 2.2. Accidental killing
  • 2.3. Insanity
• 3. What determines whether a murder charge is filed in federal court or state court?
• 4. What is the law in California?

1. When is murder a federal offense?

Murder is charged as a federal offense whenever the killing violates federal law. Under 18 U.S.C. 1111, the federal crime of murder is defined as the “unlawful killing of a human being with malice aforethought.”

In general, there are seven scenarios when an unlawful killing violates the laws of the federal government.

These include when:

1. the murder is of a federal judge or a federal law enforcement official (for example, an agent of the FBI, TSA, or ATF),¹
2. the killing is of an immediate family member of a federal law enforcement official,²
3. the murder is of an elected or appointed federal official (for example, the President, a Supreme Court Justice, a member of Congress, or the murder of a federal judge),³
4. the killing is committed during a bank robbery,⁴
5. the killing takes place aboard a ship at sea (for example, on a vessel that is engaged in interstate commerce per the Commerce Clause of the U.S. Constitution),⁵
6. the murder was designed to influence a court case,⁶ and
7. the killing takes place on federal property (for example, on national parks or a Native American reservation).

Depending on the facts of the case, a murder coming under federal jurisdiction may be charged as either:

• first-degree murder, or
• second-degree murder.

First-degree murder is punishable by the death penalty (i.e., capital punishment) or imprisonment in federal prison for life.⁷

Federal charges of second-degree murder are punishable by any terms of years in federal prison, as determined by the federal sentencing guidelines.

2. Are there legal defenses to federal murder charges?

Criminal defense lawyers can use several legal strategies to contest federal murder charges. These include showing that:

1. the accused acted in self-defense.
2. the defendant committed an accidental killing.
3. the defendant acted by reason of insanity.

2.1. Self-defense

A defendant can try to challenge a murder charge by showing that he/she killed someone in self-defense.

This defense will work if the accused:

• believed that he/she was in “imminent danger,”
• believed that force was necessary to stop the danger, and
• used an appropriate level of force in defense.⁸

2.2. Accidental killing

Accident is a common legal defense in criminal cases. The defense works in murder cases if the accused can show that he/she:

• had no criminal intent to do harm,
• was otherwise engaged in lawful activity at the time of the killing, and
• was not acting negligently.⁹

2.3. Insanity

An accused can always assert an insanity defense to murder. The law says a person is insane if:

1. he/she did not understand the nature of the act committed, and/or
2. he/she could not distinguish between right and wrong.¹⁰

If successful, the defense results in the accused being admitted to a state facility for treatment.

3. What determines whether a murder charge is filed in federal court or state court?

The determination as to whether a murder charge is brought in state court or federal court is based on whether the crime violated:

• a state law, or
• a federal criminal law.

Many murder charges are prosecuted as state crimes because the allegations within the charge violate state law.

However, there are situations when the allegations within a charge violate a federal law. In these situations, a murder charge becomes a federal charge and is handled by federal prosecutors.

Please keep in mind that some murders may violate both state and federal laws – which means the same act can be prosecuted in either federal court or state court, or both.

Note that it is not double jeopardy to charge a person with murder in both state and federal court, provided that his/her actions violated both state and federal laws.

For additional help…

For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at the law offices of the Shouse Law Group. We offer a free case evaluation and we serve the entire State of California, including Los Angeles County, Riverside, and San Bernardino.

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