1536. Murder -- Definition And Degrees

Section 1751(a) of Title 18 incorporates by reference 18 U.S.C. §§ 1111 and 1112. 18 U.S.C. § 1111 defines murder as the unlawful killing of a human being with malice, and divides it into two degrees. Murder in the first degree is punishable by death. In any case in which the death penalty may be applicable, it is necessary for the United States Attorney to follow the procedures set forth in JM 9-10.000. The Attorney General must authorize the United States Attorney to seek the death penalty in any case. Any other kind of murder is murder in the second degree and is punishable by any term of imprisonment including life.

[cited in JM 9-65.300]