The Federal murder-for-hire 18 U.S.C. § 1958 that Durk Banks (Lil Durk) is charged with is more or less what it sounds like: paying someone to commit murder. There must also be the “jurisdiction” element which makes the offence a Federal crime. Technically, this would be utilizing any means that crosses state lines, including a utility simply within a state if that utility crosses state lines. This will be more fully explored below.
Section 1958 of the U.S. Code basically criminalizes using interstate or foreign commerce facilities with the intent to commit murder for money or other compensation. The law targets individuals involved in hiring or contracting a murder-for-hire scheme, ensuring federal jurisdiction in cases where interstate or foreign commerce is used to facilitate the crime. A defendant violates this statute if they travel, use mail, or employ any means of interstate or foreign communication to orchestrate a murder-for-hire plot.
Key Elements of the Offense
The statute’s three primary elements are:
- Use of Interstate or Foreign Commerce: The defendant must travel or use a facility that engages in interstate or foreign commerce. This includes various means of transportation or communication that cross state lines.
- Intent to Commit Murder: The defendant must intend that a murder, violating either state or federal law, be committed.
- Compensation: The crime must involve some form of monetary or pecuniary compensation.
Importantly, the government does not need to prove that the defendant was aware that interstate travel or facilities would be used, as long as the facility was employed to facilitate the crime. This broad interpretation is meant to ensure that even incidental use of interstate resources (like phone calls or mail) fulfills the jurisdictional requirement.
Establishing Federal Jurisdiction
Federal jurisdiction under Section 1958 can be established in three ways:
- Interstate or Foreign Travel: Travel across state or national borders.
- Use of the Mails: The use of any mail system, including intrastate mail, satisfies federal jurisdiction.
- Use of Interstate Facilities: This includes all transportation and communication means that operate across state or national boundaries, such as telephone calls, emails, or even pagers.
A key point is that a single interstate telephone call or an intrastate communication using interstate infrastructure (like cellular phones or pagers) can establish jurisdiction, even if the crime itself takes place within a single state. However, local, intrastate calls do not trigger federal jurisdiction unless they cross state lines.
Potential Legal Complications and Case Law
The government cannot manufacture the interstate nexus for jurisdictional purposes. This means that the government cannot create federal jurisdiction solely by arranging interstate communications when no real interstate nexus exists. Several cases (e.g., United States v. Coates, United States v. Archer) have involved reversals due to improper creation of the interstate nexus.
Application to "Hitmen" and Contractors
Section 1958 applies to both the person carrying out the murder (the “hitman”) and the individual who arranges for the crime to be committed (the “contractor”). The contractor is deemed responsible for causing the hitman to travel or use interstate commerce facilities in furtherance of the crime.
Penalties and Maximum Sentences
Penalties under Section 1958 vary depending on the outcome of the murder-for-hire scheme:
- General Violation: A fine and/or up to 10 years in prison.
- Personal Injury: A fine and/or up to 20 years in prison if personal injury occurs.
- Death Resulting: A fine of up to $250,000 and/or life imprisonment, or the death penalty if applicable (with additional procedural requirements for death penalty cases)
The law provides a framework for prosecuting murder-for-hire cases involving interstate or foreign commerce, to make those who use these facilities to facilitate a crime are held accountable.
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