Murder for Hire - 18 U.S. Code § 1958
Murder for hire is a serious crime in every state. Still, when the crime occurs across state or international boundaries or involves any "facility of interstate commerce," it becomes a federal crime under Title 18 U.S. Code 1958, accompanied by typically more severe sentences than if the crime were prosecuted at the state level.

18 U.S.C. 1958, Use of interstate commerce facilities in the commission of murder-for-hire says,
"(a) Whoever travels in or causes another (including the intended victim) to travel in interstate or foreign commerce, or uses or causes another to use the mail or any facility of interstate or foreign commerce, with the intent that a murder be committed in violation of the laws of any State or the United States as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value, or who conspires to do so, shall be fined under this title or imprisoned for not more than ten years, or both; and if personal injury results, shall be fined under this title or imprisoned for not more than twenty years, or both; and if death results shall be punished by death or life imprisonment, or shall be fined not more than $250,000, or both.
(b) As used in this section and section 1959 -
(1) "Anything of pecuniary value" means anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else, the primary significance of which is an economic advantage.
(2) "Facility of interstate or foreign commerce" includes means of transportation and communication; and
(3) "State" includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States."
If you've been charged with this crime, the potential consequences are severe. You could face up to 10 years in prison just for hiring someone to commit murder-and if the murder actually occurs, you could even face the death penalty.
Explaining 18 U.S.C. 1958
At its core, the federal statute prohibits traveling across state or foreign boundaries or causing someone else (including the intended victim) to do so with the intent to murder in exchange for something of value.

The law also covers the use of "facilities of interstate commerce" to engage in murder for hire, in other words, the use of interstate transportation or communication in committing the crime.
Other examples of 'facilities of interstate commerce' include using a computer or phone to communicate across state lines, sending money through a wire transfer, or even traveling across state lines to meet with the person you're hiring. Other things to know about this law are discussed below:
The law applies to both contractors and "hit men." Both the person doing the hiring and the person intended to carry out the murder can be charged under this statute.
The statute applies even if no murder is committed. Importantly, the murder doesn't need to be carried out for anyone to be hurt or for the transaction to be completed for the crime to occur. The crime is complete once an agreement is made and a facility of interstate commerce is used.
What are the Elements of the Crime?
For federal prosecutors to convict you under U.S.C. 1958, they must prove the following elements beyond a reasonable doubt:
- Intent: You intended to have someone murdered (or agreed to murder someone if you were the person who hired them).
- Payment or Promise: You agreed to exchange something of value for committing the murder.
- Travel or Use of Interstate Facilities: You directly traveled across state/foreign lines, used an interstate or foreign commerce facility, or caused someone else to do so with the intent to facilitate the scheme.
What are Some Examples?
EXAMPLE 1: Jane, residing in New York, uses her cellphone to contact a hitman in New Jersey and offers $50,000 to kill her business rival. Jane sends half the money through a wire transfer to the hitman's account. The use of interstate communication and financial transactions means Jane can be charged under U.S.C. 1958.
EXAMPLE 2: Robert, a trained ex-military sniper living in Nevada, accepts a contract to kill someone in California. He drives across state lines to discuss details with the contractor in person and receives an upfront cash payment. Robert can be charged under U.S.C. 1958, along with the person who contracted him.
EXAMPLE 3: Tim discovers his wife is having an affair. He goes next door and offers his neighbor $10,000 to catch his wife and her lover in the act and kill them both. Since no facilities of interstate commerce were used, Tim could face charges under applicable state laws, but it would not constitute a federal crime under U.S.C. 1958.
What are Related Federal Laws?
18 U.S. Code Chapter 95, Racketeering, has numerous related federal statutes, including the following:
- 18 U.S.C 1951 - Interference with commerce by threats or violence.
- 18 U.S.C 1952 - Interstate and foreign travel or transportation in aid of racketeering enterprises.
- 18 U.S.C 1953 - Interstate transportation of wagering paraphernalia.
- 18 U.S.C 1954 - Offer, acceptance, or solicitation to influence operations of employee benefit plan.
- 18 U.S.C 1955 - Prohibition of illegal gambling businesses.
- 18 U.S.C 1956 - Laundering of monetary instruments.
- 18 U.S.C 1957 - Engaging in monetary transactions in property derived from specified unlawful activity.
- 18 U.S.C 1958 - Use of interstate commerce facilities in the commission of murder-for-hire.
- 18 U.S.C 1959 - Violent crimes in aid of racketeering activity.
- 18 U.S.C 1960 - Prohibition of unlicensed money-transmitting businesses.
What are the Penalties Under U.S.C. 1958?
The penalties for violating this statute are severe. Depending on the outcomes of the crime, the following punishments may apply:
- If no injury or death occurs. You can face up to 10 years in federal prison for the mere act of hiring someone to commit murder.
- If personal injury results. If the intended victim (or even someone else) is injured in the course of the crime, the potential penalty increases to 20 years in prison.
- If death results. If the intended victim or someone else dies as a result of the contract, the potential consequences are dire. You could face life imprisonment or even the death penalty.
What are the Common Defenses?
While being accused of murder for hire is serious, it's important to remember that a skilled federal criminal defense attorney can still implement certain defense strategies to counter the charges. These include, but are not limited to:
- Lack of Intent: The prosecution must prove beyond a reasonable doubt that you intended for a murder to take place. If your attorney can provide evidence that the alleged crime was actually a matter of casual discussion, jokes, or misunderstood communication (i.e., no actual intent to murder), the charges may fail.
- Entrapment: Federal agents may use sting operations in investigating murder-for-hire plots. If you were lured or pressured into participating in a scheme that you otherwise wouldn't have, your defense counsel might successfully argue entrapment.
- Coercion or Duress: If your attorney can show that you engaged in the crime because someone else was threatening imminent harm to you or a loved one, this may apply as a valid defense.
For additional information, contact our federal criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, California.
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