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Code · STATUTE-COMPILATIONS · Violent Crime Control and Law Enforcement Act of 1994 · Sec. 60003

Sec. 60003. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED

1,071 words·~5 min read·/statute-compilations/comps-10824/sec-60003

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## SEC. 60003 SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED ###
(a)Conforming Changes in Title 18 Title 18, United States Code, is amended as follows: ####
(1)Aircraft and motor vehicles Section 34 of title 18, United States Code, is amended by striking the comma after “imprisonment for life”, inserting a period, and striking the remainder of the section. ####
(2)Espionage Section 794(a) of title 18, United States Code, is amended by striking the period at the end of the section and inserting “, except that the sentence of death shall not be imposed unless the jury or, if there is no jury, the court, further finds that the offense resulted in the identification by a foreign power (as defined in section 101(a) of the Foreign Intelligence Surveillance Act of 1978) of an individual acting as an agent of the United States and consequently in the death of that individual, or directly concerned nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large-scale attack; war plans; communications intelligence or cryptographic information; or any other major weapons system or major element of defense strategy.”. ####
(3)Explosive materials #####
(A)Section 844(d) of title 18, United States Code, is amended by striking “as provided in section 34 of this title”. #####
(B)Section 844(f) of title 18, United States Code, is amended by striking “as provided in section 34 of this title”. #####
(C)Section 844(i) of title 18, United States Code, is amended by striking “as provided in section 34 of this title”. ####
(4)Murder The second undesignated paragraph of section 1111(b) of title 18, United States Code, is amended to read as follows:"Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life;”". ####
(5)Killing of foreign official Section 1116(a) of title 18, United States Code, is amended by striking “any such person who is found guilty of murder in the first degree shall be sentenced to imprisonment for life, and”. ####
(6)Kidnapping Section 1201(a) of title 18, United States Code, is amended by inserting after “or for life” the following: “and, if the death of any person results, shall be punished by death or life imprisonment”. ####
(7)Nonmailable injurious articles The last paragraph of section 1716 of title 18, United States Code, is amended by striking the comma after “imprisonment for life” and inserting a period and striking the remainder of the paragraph. ####
(8)Wrecking trains The second to the last undesignated paragraph of section 1992 of title 18, United States Code, is amended by striking the comma after “imprisonment for life”, inserting a period, and striking the remainder of the section. ####
(9)Bank robbery Section 2113(e) of title 18, United States Code, is amended by striking “or punished by death if the verdict of the jury shall so direct” and inserting “or if death results shall be punished by death or life imprisonment”. ####
(10)Hostage taking Section 1203(a) of title 18, United States Code, is amended by inserting after “or for life” the following: “and, if the death of any person results, shall be punished by death or life imprisonment”. ####
(11)Murder for hire Section 1958 of title 18, United States Code, is amended by striking “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” and inserting “and if death results, shall be punished by death or life imprisonment, or shall be fined not more than $250,000, or both”. ####
(12)Racketeering Section 1959(a)(1) of title 18, United States Code, is amended to read as follows: > > #### “(1) > > for murder, by death or life imprisonment, or a fine of not more than $250,000, or both; and for kidnapping, by imprisonment for any term of years or for life, or a fine of not more than $250,000, or both;” > . ####
(13)Genocide Section 1091(b)(1) of title 18, United States Code, is amended by striking “a fine of not more than $1,000,000 or imprisonment for life,” and inserting “, where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both;”. ####
(14)Carjacking Section 2119(3) of title 18, United States Code, is amended by striking the period after “both” and inserting “, or sentenced to death.”; and by striking “, possessing a firearm as defined in section 921 of this title,” and inserting “, with the intent to cause death or serious bodily harm”. ###
(b)Conforming Amendment to Federal Aviation Act of 1954 Chapter 465 of title 49, United States Code, is amended— ####
(1)in the chapter analysis by striking “Death penalty sentencing procedure for aircraft piracy” and inserting “Repealed”; and ####
(2)by striking section 46503. ###
(c)Death Penalty Procedures for Certain Previous Aircraft Piracy Violations **[**[49 U.S.C. 46502 note](/us/usc/t49/s46502)**]** An individual convicted of violating section 46502 of title 49, United States Code, or its predecessor, may be sentenced to death in accordance with the procedures established in chapter 228 of title 18, United States Code, if for any offense committed before the enactment of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322), but after the enactment of the Antihijacking Act of 1974 (Public Law 93–366), it is determined by the finder of fact, before consideration of the factors set forth in sections 3591(a)(2) and 3592(a) and
(c)of title 18, United States Code, that one or more of the factors set forth in former section 46503(c)(2) of title 49, United States Code, or its predecessor, has been proven by the Government to exist, beyond a reasonable doubt, and that none of the factors set forth in former section 46503(c)(1) of title 49, United States Code, or its predecessor, has been proven by the defendant to exist, by a preponderance of the information. The meaning of the term “**especially heinous, cruel, or depraved**”, as used in the factor set forth in former section 46503(c)(2)(B)(iv) of title 49, United States Code, or its predecessor, shall be narrowed by adding the limiting language “in that it involved torture or serious physical abuse to the victim”, and shall be construed as when that term is used in section 3592(c)(6) of title 18, United States Code.
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  • Pub. L. 103-322
  • Pub. L. 93-366
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Sec. 60003
SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED
U.S.C.§ 46502
Pub. L.Pub. L. 103-322
Pub. L.Pub. L. 93-366
Cites 3Cited by 0 across 0 sources
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