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U.S. Code as of:
01/19/04
Section 1111. Murder
(a) Murder is the unlawful killing of a human being with malice
aforethought. Every murder perpetrated by poison, lying in wait, or
any other kind of willful, deliberate, malicious, and premeditated
killing; or committed in the perpetration of, or attempt to
perpetrate, any arson, escape, murder, kidnapping, treason,
espionage, sabotage, aggravated sexual abuse or sexual abuse, child
abuse, burglary, or robbery; or perpetrated as part of a pattern or
practice of assault or torture against a child or children; or
perpetrated from a premeditated design unlawfully and maliciously
to effect the death of any human being other than him who is
killed, is murder in the first degree.
Any other murder is murder in the second degree.
(b) Within the special maritime and territorial jurisdiction of
the United States,
Whoever is guilty of murder in the first degree shall be punished
by death or by imprisonment for life;
Whoever is guilty of murder in the second degree, shall be
imprisoned for any term of years or for life.
(c) For purposes of this section -
(1) the term "assault" has the same meaning as given that term
in section 113;
(2) the term "child" means a person who has not attained the
age of 18 years and is -
(A) under the perpetrator's care or control; or
(B) at least six years younger than the perpetrator;
(3) the term "child abuse" means intentionally or knowingly
causing death or serious bodily injury to a child;
(4) the term "pattern or practice of assault or torture" means
assault or torture engaged in on at least two occasions;
(5) the term "serious bodily injury" has the meaning set forth
in section 1365; and
(6) the term "torture" means conduct, whether or not committed
under the color of law, that otherwise satisfies the definition
set forth in section 2340(1).
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