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1 [1] (January 23, 2026)

handle is hein.crs/govetok0001 and id is 1 raw text is: Congressional Research Service inf~rming the legislative debate since 1914 January 23, 2026 Federal Homicide: From Murder to Manslaughter The Supreme Court has described criminal activity as typically consisting of the concurrence of an evil-meaning mind with an evil-doing hand. One category of crime, homicide, involves the same evil act: the unlawful killing of another person. What generally distinguishes between the different grades of homicide, such as first- and second- degree murder, is the mental state of the defendant. The terminology used to describe these mental states across state and federal law varies and the lines between them can be blurry. Homicide is primarily prosecuted at the state level, owing to the limited reach of federal criminal law; that is, a federal homicide case may be brought only if there is a federal jurisdiction over the offense, such as if the offense was committed on federal property. Still, in fiscal year 2024, over 500 federal sentences were imposed for homicide offenses, according to data on the applicable federal sentencing guidelines (U.S.S.G. §§ 2A1.1 - 2A1.4). This In Focus explains the distinctions between the different forms of homicide in federal law. It does not discuss other federal offenses that may involve the death of another. Nor does it address possible defenses to a homicide offense, such as when the killing was done in self-defense. In addition to summarizing the contents of federal homicide offenses, this In Focus identifies the penalties for these offenses. Generally, as the culpability of the offense increases, so too does the penalty exposure for that offense. This document closes with considerations for Congress. Grades of Homic de Chapter 51 of Title 18, titled Homicide, addresses both murder (18 U.S.C. § 1111) and manslaughter (18 U.S.C. § 1112) offenses. Murder is divided into first-degree and second-degree murder, and manslaughter is split into voluntary and involuntary components. Murder: Malice Aforethought Murder is defined in federal law as the unlawful killing of another with malice aforethought. The roots of this concept may be traced to at least the 16th century. While courts have observed that malice aforethought embodies abstract and archaic language, in modern times it has been understood to apply when the defendant harbored before the killing a conscious intention to kill, irrespective of any ill will. FirstDegree Murder: Malice Aforethought with Premeditation Federal law identifies four types of first-degree murder: First, first-degree murder constitutes any killing that is willful, deliberate, malicious, and premeditated. This mental state requirement generally means that the prosecution must prove that the defendant had the opportunity to deliberate on the act and did so deliberate. A defendant need not deliberate for a lengthy period of time for the killing to qualify as first-degree murder. For example, a defendant who retrieves a firearm and returns to a residence to kill another has been found to have demonstrated evidence of premeditation. Second, federal law expressly identifies unlawful killing perpetrated by poison or by lying in wait as types of premeditated murder. For instance, a person who obtains and intentionally puts a lethal dose of strychnine in another's drink may be guilty of first-degree murder by poison. A person who is watching and waiting in a concealed position with the intent to kill the victim may be guilty of first-degree murder by lying in wait. Third, felony murder constitutes a form of first-degree murder that does not require an intent to kill. As the Supreme Court has recounted, a defendant who commits an unintended homicide while committing another [enumerated] felony may be guilty of first-degree murder. Generally, under the felony-murder rule, the premeditated intent to commit the felony is imputed to the death that occurred during the commission of a serious or dangerous felony. Under federal law, only certain felonies count for purposes of felony murder. These predicate felonies include arson, kidnapping, treason, espionage, aggravated sexual abuse or sexual abuse, child abuse, burglary, and robbery. Fourth, federal law provides that first-degree murder may be perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed. This language encompasses circumstances in which a defendant has the premeditated intent to kill one person, but kills another. As formulated by the Supreme Court, D's killing of A, while intending to murder B qualifies as first-degree murder because the defendant possessed a premeditated intent to kill. Federal law specifies the penalty for first-degree murder is death or life imprisonment. A fine is not included as an option in the statute, but the default fine statute, 18 U.S.C. § 3571, would apply. Attempted murder, whether first- or second-degree, is punished by imprisonment of not more than twenty years, fine, or both. Secon-Degree Murder Malice Aforethought Without Premeditation Second-degree murder, while involving the unlawful killing of another with malice aforethought, differs from first- degree murder because it does not involve premeditation.