18 U.S.C. § 1958
Section 1958 · Use of interstate commerce facilities in the commission of murder-for-hire
Amended 6 times on record
The circuits are split over this section — Whether a federal criminal statute's interstate-commerce element requires the defendant's actual use of a facility or instrumentality of interstate commerce to itself be interstate, or whether intrastate use of an interstate facility suffices
Applied in 459 court decisions — leading case United States v. McCullah (1996)
Most recently applied in United States v. Shaheem Johnson (July 2025)
Applied most in the Eighth Circuit Circuit (33 decisions)
Cases citing this section usually also cite 18 U.S.C. § 924 · 18 U.S.C. § 3553 · 28 U.S.C. § 2255
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) Whoever travels in or causes another (including the intended victim) to travel in interstate or foreign commerce, or uses or causes another (including the intended victim) to use the mail or any facility of interstate or foreign commerce, with intent that a murder be committed in violation of the laws of any State or the United States as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value, or who conspires to do so, shall be fined under this title or imprisoned for not more than ten years, or both; and if personal injury results, shall be fined under this title or imprisoned for not more than twenty years, or both; and if death results, shall be punished by death or life imprisonment, or shall be fined not more than $250,000, or both.
(b) As used in this section and section 1959—
(1) “anything of pecuniary value” means anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else the primary significance of which is economic advantage;
(2) “facility of interstate or foreign commerce” includes means of transportation and communication; and
(3) “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
2004—Subsec. (a). Pub. L. 108–458, §6704(1), substituted “facility of” for “facility in”.
Subsec. (b)(2). Pub. L. 108–458, §6704(2), inserted “or foreign” after “interstate”.
1996—Subsec. (a). Pub. L. 104–294 substituted comma for “or who conspires to do so” after “or who conspires to do so” and substituted “this title or imprisoned” for “this title and imprisoned” before “for not more than twenty years”.
1994—Pub. L. 103–322, §330016(1)(Q), which directed the amendment of this section by substituting “under this title” for “not more than $50,000”, could not be executed because the phrase “not more than $50,000” did not appear in text subsequent to amendment of subsec. (a) by Pub. L. 103–322, §60003(a)(11). See below.
Subsec. (a). Pub. L. 103–322, §330016(1)(N), substituted “fined under this title” for “fined not more than $20,000” after “injury results, shall be”.
Pub. L. 103–322, §330016(1)(L), substituted “fined under this title” for “fined not more than $10,000” before “or imprisoned for not more than ten years”.
Pub. L. 103–322, §§140007(b), 320105, each amended subsec. (a) by inserting “or who conspires to do so” after “anything of pecuniary value,”.
Pub. L. 103–322, §60003(a)(11), substituted “and if death results, shall be punished by death or life imprisonment, or shall be fined not more than $250,000, or both” for “and if death results, shall be subject to imprisonment for any term of years or for life, or shall be fined not more than $50,000, or both” before period at end.
1990—Subsec. (b). Pub. L. 101–647, §3558, substituted “section 1959” for “section 1952B” in introductory provisions.
Subsec. (b)(3). Pub. L. 101–647, §1205(k), added par. (3).
1988—Pub. L. 100–690, §7053(a), renumbered section 1952A of this title as this section.
Subsec. (a). Pub. L. 100–690, §7058(b), substituted “ten years” for “five years”.