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Band at the execution
06-25-2014, 10:59 AM
Post: #21
RE: Band at the execution
Eva –

In 1965, in the aftermath of the assassination of President Kennedy, an assault, kidnapping or assassination of the President (and later, most other federal officials were added to the list) was made a federal crime, meaning regardless of which state the assault occurred, the assailant would be charged with a federal crime and tried under federal law. The United States Code is the compilation of U.S. federal law. Pursuant to Sections 1751 and 1111 of Title 18 of the U.S. Code, first degree murder of the President is punishable by death or life imprisonment, even if the trial takes place in a federal court that is located in a state that has no death penalty.

I have pasted the pertinent sections of the U.S. Code, including the language for the punishment for murder (Section 1111) and manslaughter (Section 1112), below:


18 U.S. Code § 1751 - Presidential and Presidential staff assassination, kidnapping, and assault; penalties
(a) Whoever kills
(1) any individual who is the President of the United States, the President-elect, the Vice President, or, if there is no Vice President, the officer next in the order of succession to the Office of the President of the United States, the Vice President-elect, or any person who is acting as President under the Constitution and laws of the United States, or
(2) any person appointed under section 105 (a)(2)(A) of title 3 employed in the Executive Office of the President or appointed under section 106 (a)(1)(A) of title 3 employed in the Office of the Vice President, shall be punished as provided by sections 1111 and 1112 of this title.
(b) Whoever kidnaps any individual designated in subsection (a) of this section shall be punished
(1) by imprisonment for any term of years or for life, or
(2) by death or imprisonment for any term of years or for life, if death results to such individual.
© Whoever attempts to kill or kidnap any individual designated in subsection (a) of this section shall be punished by imprisonment for any term of years or for life.
(d) If two or more persons conspire to kill or kidnap any individual designated in subsection (a) of this section and one or more of such persons do any act to effect the object of the conspiracy, each shall be punished
(1) by imprisonment for any term of years or for life, or
(2) by death or imprisonment for any term of years or for life, if death results to such individual.
(e) Whoever assaults any person designated in subsection (a)(1) shall be fined under this title, or imprisoned not more than ten years, or both. Whoever assaults any person designated in subsection (a)(2) shall be fined under this title, or imprisoned not more than one year, or both; and if the assault involved the use of a dangerous weapon, or personal injury results, shall be fined under this title, or imprisoned not more than ten years, or both.
(f) The terms “President-elect” and “Vice-President-elect” as used in this section shall mean such persons as are the apparent successful candidates for the offices of President and Vice President, respectively, as ascertained from the results of the general elections held to determine the electors of President and Vice President in accordance with title 3, United States Code, sections 1 and 2.
(g) The Attorney General of the United States, in his discretion is authorized to pay an amount not to exceed $100,000 for information and services concerning a violation of subsection (a)(1). Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall not be eligible for payment under this subsection.
(h) If Federal investigative or prosecutive jurisdiction is asserted for a violation of this section, such assertion shall suspend the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated.
(i) Violations of this section shall be investigated by the Federal Bureau of Investigation. Assistance may be requested from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.
(j) In a prosecution for an offense under this section the Government need not prove that the defendant knew that the victim of the offense was an official protected by this section.
(k) There is extraterritorial jurisdiction over the conduct prohibited by this section.

18 U.S. Code § 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.

18 U.S. Code § 1112 - Manslaughter
(a) Manslaughter is the unlawful killing of a human being without malice. It is of two kinds:
Voluntary—Upon a sudden quarrel or heat of passion.
Involuntary—In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.
(b) Within the special maritime and territorial jurisdiction of the United States,
Whoever is guilty of voluntary manslaughter, shall be fined under this title or imprisoned not more than 15 years, or both;
Whoever is guilty of involuntary manslaughter, shall be fined under this title or imprisoned not more than 8 years, or both.

_______________________

Is that responsive to your inquiry, Eva?
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Messages In This Thread
Band at the execution - NHjohn - 06-22-2014, 03:14 PM
RE: Band at the execution - BettyO - 06-22-2014, 07:00 PM
RE: Band at the execution - LincolnToddFan - 06-22-2014, 09:10 PM
RE: Band at the execution - BettyO - 06-22-2014, 10:05 PM
RE: Band at the execution - Gene C - 06-23-2014, 06:06 AM
RE: Band at the execution - Eva Elisabeth - 06-23-2014, 06:22 AM
RE: Band at the execution - wpbinzel - 06-23-2014, 06:45 PM
RE: Band at the execution - Eva Elisabeth - 06-24-2014, 03:26 AM
RE: Band at the execution - RJNorton - 06-24-2014, 04:08 AM
RE: Band at the execution - BettyO - 06-24-2014, 04:36 AM
RE: Band at the execution - NHjohn - 06-24-2014, 10:13 AM
RE: Band at the execution - NHjohn - 06-24-2014, 02:28 PM
RE: Band at the execution - wpbinzel - 06-24-2014, 10:31 AM
RE: Band at the execution - NHjohn - 06-24-2014, 12:24 PM
RE: Band at the execution - L Verge - 06-24-2014, 03:19 PM
RE: Band at the execution - NHjohn - 06-25-2014, 07:56 AM
RE: Band at the execution - Eva Elisabeth - 06-25-2014, 12:26 AM
RE: Band at the execution - J. Beckert - 06-25-2014, 10:57 AM
RE: Band at the execution - BettyO - 06-25-2014, 04:34 AM
RE: Band at the execution - L Verge - 06-25-2014, 09:53 AM
RE: Band at the execution - NHjohn - 06-25-2014, 10:59 AM
RE: Band at the execution - John E. - 06-25-2014, 09:23 PM
RE: Band at the execution - wpbinzel - 06-25-2014 10:59 AM
RE: Band at the execution - Eva Elisabeth - 06-25-2014, 06:45 PM
RE: Band at the execution - wpbinzel - 06-26-2014, 08:57 AM
RE: Band at the execution - BettyO - 06-26-2014, 04:50 AM
RE: Band at the execution - Eva Elisabeth - 06-26-2014, 09:28 AM
RE: Band at the execution - BettyO - 06-26-2014, 09:43 PM
RE: Band at the execution - Linda Anderson - 06-26-2014, 09:49 PM
RE: Band at the execution - L Verge - 06-27-2014, 09:27 AM
RE: Band at the execution - BettyO - 06-27-2014, 10:46 AM
RE: Band at the execution - Linda Anderson - 06-27-2014, 10:54 AM
RE: Band at the execution - BettyO - 06-27-2014, 12:06 PM
RE: Band at the execution - L Verge - 06-27-2014, 01:05 PM
RE: Band at the execution - RJNorton - 06-27-2014, 01:43 PM
RE: Band at the execution - Linda Anderson - 06-27-2014, 03:25 PM
RE: Band at the execution - L Verge - 06-27-2014, 02:35 PM
RE: Band at the execution - NHjohn - 06-27-2014, 11:27 PM
RE: Band at the execution - RJNorton - 06-27-2014, 04:49 PM
RE: Band at the execution - L Verge - 06-27-2014, 05:34 PM
RE: Band at the execution - L Verge - 06-28-2014, 12:13 PM
RE: Band at the execution - NHjohn - 06-28-2014, 10:48 PM
RE: Band at the execution - BettyO - 06-28-2014, 01:30 PM
RE: Band at the execution - NHjohn - 06-29-2014, 08:40 AM
RE: Band at the execution - Eva Elisabeth - 06-29-2014, 07:33 PM
RE: Band at the execution - L Verge - 06-29-2014, 11:02 AM
RE: Band at the execution - NHjohn - 06-29-2014, 02:49 PM
RE: Band at the execution - L Verge - 06-29-2014, 12:05 PM
RE: Band at the execution - BettyO - 06-29-2014, 01:11 PM
RE: Band at the execution - RJNorton - 06-29-2014, 01:29 PM
RE: Band at the execution - BettyO - 06-29-2014, 01:32 PM
RE: Band at the execution - L Verge - 06-29-2014, 02:20 PM
RE: Band at the execution - BettyO - 06-29-2014, 02:43 PM
RE: Band at the execution - BettyO - 06-29-2014, 03:29 PM
RE: Band at the execution - NHjohn - 06-29-2014, 04:03 PM
RE: Band at the execution - BettyO - 06-29-2014, 04:08 PM
RE: Band at the execution - NHjohn - 06-29-2014, 04:14 PM
RE: Band at the execution - BettyO - 06-29-2014, 04:30 PM
RE: Band at the execution - NHjohn - 06-29-2014, 04:37 PM
RE: Band at the execution - BettyO - 06-29-2014, 04:37 PM
RE: Band at the execution - NHjohn - 06-29-2014, 04:49 PM
RE: Band at the execution - L Verge - 06-29-2014, 07:03 PM
RE: Band at the execution - NHjohn - 06-30-2014, 12:10 AM
RE: Band at the execution - Eva Elisabeth - 10-13-2014, 07:38 AM
RE: Band at the execution - BettyO - 10-13-2014, 07:54 AM
RE: Band at the execution - LincolnToddFan - 10-16-2014, 08:38 PM
RE: Band at the execution - Gene C - 10-13-2014, 08:51 AM
RE: Band at the execution - Eva Elisabeth - 10-13-2014, 04:55 PM
RE: Band at the execution - BettyO - 10-17-2014, 07:53 PM
RE: Band at the execution - LincolnToddFan - 10-19-2014, 12:25 AM
RE: Band at the execution - BettyO - 10-19-2014, 10:31 AM
RE: Band at the execution - STS Lincolnite - 10-19-2014, 10:59 AM
RE: Band at the execution - BettyO - 10-19-2014, 11:24 AM
RE: Band at the execution - Eva Elisabeth - 10-19-2014, 08:12 PM
RE: Band at the execution - BettyO - 10-20-2014, 04:48 AM
RE: Band at the execution - Eva Elisabeth - 10-20-2014, 05:38 AM

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