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8.112 Killing or Attempting to Kill Federal Officer or Employee

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8.112 KILLING OR ATTEMPTING TO KILL FEDERAL OFFICER OR EMPLOYEE (18 U.S.C. § 1114)

Comment

If a defendant is charged with murder, manslaughter, attempted murder, or attempted manslaughter of an officer or employee of the United States in violation of 18 U.S.C. § 1114, the appropriate murder instruction (8.107, Murder–First Degree or 8.108, Murder–Second Degree), manslaughter instruction (8.109, Manslaughter–Voluntary or 8.110, Manslaughter–Involuntary ) or attempted murder instruction (8.111, Attempted Murder) should be used but modified to require the jury to find that the victim was a federal officer or employee. An element alleging that the killing or attempted killing occurred at a place of federal jurisdiction, that is, within the special maritime and territorial jurisdiction of the United States is not necessary here.