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18 U.S.C. § 1113

Section 1113 · Attempt to commit murder or manslaughter

Amended 4 times on record

Applied in 56 court decisions — leading case United States v. Sharpnack (1958)

Most recently applied in United States v. Donavan White Owl (July 2022)

How often courts cite this section

1948196019802000202260ch. 645enacted · 1948 · ch. 645United States v. Sharpnackleading · 1958 · United States v. Sharpnack100-690amended · 1988 · 100-690amended · 1990 · 101-647104-132amended · 1996 · 104-132
citing decisions per year

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.

Except as provided in section 113 of this title, whoever, within the special maritime and territorial jurisdiction of the United States, attempts to commit murder or manslaughter, shall, for an attempt to commit murder be imprisoned not more than twenty years or fined under this title, or both, and for an attempt to commit manslaughter be imprisoned not more than seven years or fined under this title, or both.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §456 (Mar. 4, 1909, ch. 321, §277, 35 Stat. 1143).

Words “within the special maritime and territorial jurisdiction of the United States” were added in view of definitive section 7 of this title, and section was rearranged to more clearly express intent of existing law.

Mandatory punishment provision was rephrased in the alternative.

Amendments

1996—Pub. L. 104–132 substituted “seven years” for “three years”.

1990—Pub. L. 101–647 struck out final period at end.

1988—Pub. L. 100–690 substituted “shall, for an attempt to commit murder be imprisoned not more than twenty years or fined under this title, or both, and for an attempt to commit manslaughter be imprisoned not more than three years or fined under this title, or both.” for “shall be fined not more than $1,000 or imprisoned not more than three years, or both”.

Cross References

Actions aboard aircraft in special aircraft jurisdiction of United States in violation of this section punishable as provided herein, see section 46506 of Title 49, Transportation.

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