8 U.S.C. § 1342(B)(iv) | Bringing in and harboring certain aliens resulting in death. |
18 U.S.C. §§ 32 – 34 | Destruction of aircraft, motor vehicles, or related facilities resulting in death. |
18 U.S.C. § 36 | Murder committed during a drug-related drive-by shooting. |
18 U.S.C. § 37 | Murder committed at an airport serving international civil aviation. |
18 U.S.C. § 115(b)(3) [by cross-reference to 18 U.S.C. § 1111] |
Retaliatory murder of a member of the immediate family of law enforcement officials. |
18 U.S.C. §§ 241, 242, 245, 247 |
Civil rights offenses resulting in death. |
18 U.S.C. § 351 [by cross-reference to 18 U.S.C. § 1111] |
Murder of a member of Congress, an important executive official, or a Supreme Court Justice. |
18 U.S.C. § 794 | Espionage. |
18 U.S.C. § 844(d), (f), (i) | Death resulting from offenses involving transportation of explosives, destruction of government property, or destruction of property related to foreign or interstate commerce. |
18 U.S.C. § 924(i) | Murder committed by the use of a firearm during a crime of violence or a drug-trafficking crime. |
18 U.S.C. § 930 | Murder committed in a Federal Government facility. |
18 U.S.C. § 1091 | Genocide. |
18 U.S.C. § 1111 | First-degree murder. |
18 U.S.C. § 1114 | Murder of a Federal judge or Federal law enforcement official. |
18 U.S.C. § 1116 | Murder of a foreign official. |
18 U.S.C. § 1118 | Murder by a federal prisoner. |
18 U.S.C. § 1119 | Murder of a U.S. national in a foreign country. |
18 U.S.C. § 1120 | Murder by an escaped Federal prisoner already sentenced to life imprisonment. |
18 U.S.C. § 1121 | Murder of a State or local law enforcement official or other person aiding in a Federal investigation; murder of a State correctional officer. |
18 U.S.C. § 1201 [by cross-reference to 18 U.S.C. § 1111] |
Kidnapping resulting in death. |
18 U.S.C. § 1203 [by cross-reference to 18 U.S.C. § 1111] |
Hostage-taking resulting in death. |
18 U.S.C. § 1503 | Murder of a court officer or juror. |
18 U.S.C. § 1512 | Murder with the intent of preventing testimony by a witness, victim, or informant. |
18 U.S.C. § 1513 | Retaliatory murder of a witness, victim, or informant. |
18 U.S.C. § 1716 | Mailing of injurious articles resulting in death. |
18 U.S.C. § 1751 [by cross-reference to 18 U.S.C. § 1111] |
Assassination of the President, Vice President, or member of their staff or kidnapping resulting in their death. |
18 U.S.C. § 1958 | Murder-for-hire involving the use of interstate commerce facilities. |
18 U.S.C. § 1959 | Murder in furtherance of racketeering activity. |
18 U.S.C. § 1992 | Terrorist attack on railroad carrier or mass transportation vehicle resulting in death. |
18 U.S.C. § 2113 | Murder during a bank robbery or bank-robbery-related kidnapping resulting in death. |
18 U.S.C. § 2119 | Carjacking resulting in death. |
18 U.S.C. § 2245 | Murder committed during the course of child sex trafficking, child pornography, interstate transportation of a minor or other person for criminal sexual activity. |
18 U.S.C. § 2251 | Conduct during the course of child sexual trafficking, child pornography, or the sexual exploitation of children that results in death. |
18 U.S.C. § 2280 | Murder or other offense against maritime navigation resulting in death. |
18 U.S.C. § 2281 | Murder or other offense committed against a maritime fixed platform resulting in death. |
18 U.S.C. § 2332 [by cross-reference to 18 U.S.C. § 1111] |
Terrorist murder of a U.S. national in another country. |
18 U.S.C. § 2332a | Use of a weapon of mass destruction resulting in death. |
18 U.S.C. § 2332b | Acts of terrorism in the United States resulting in death, committed by a person engaged in conduct that transcends national boundaries. |
18 U.S.C. § 2340, 2340A | Torture resulting in death committed outside the United States by a U.S. national or by a foreign national present in the U.S. |
18 U.S.C. § 2381 | Treason. |
21 U.S.C. § 848(e) | Murder related to a continuing criminal enterprise or drug trafficking offense, or drug-related murder of a Federal, State, or local law enforcement officer. |
49 U.S.C. §§ 46502 | Aircraft piracy resulting in death. |
SOURCE: Federal Death Penalty Resource Counsel, Statutes; Bureau of Justice Statistics: Capital Punishment 2012.
Although not listed by BJS, the following offenses are also punishable by death under the federal statute, though it is not clear that the death penalty would be constitutional for these offenses under Kennedy v. Louisiana (2008) since they do not require a murder:
- Trafficking in large quantities of drugs (18 U.S.C. § 3591(b))
- Attempting, authorizing or advising the killing of any officer, juror,or witness in cases involving a Continuing Criminal Enterprise, regardless of whether such killing actually occurs. (18 U.S.C. § 3591(b)(2))).