18 U.S.C. § 1958 – Federal Murder for Hire

What Is Federal Murder for Hire Under 18 U.S.C. § 1958?

18 U.S.C. § 1958 is the federal murder-for-hire statute. It makes it a federal crime to use interstate or foreign commerce facilities — such as phones, computers, wire transfers, or travel across state lines — with the intent that a murder be committed in exchange for something of pecuniary value.

Even if no federal murder occurs, a person can still face federal prosecution.

This statute is frequently charged in federal court when:

Communications cross state lines
Money is transferred electronically
The internet or phone is used
Travel occurs between states
A federal undercover sting operation is involved

Because almost all communications today involve interstate systems, many alleged “murder for hire” cases become federal crimes.

Your best hope for a favorable outcome is with an experienced criminal defense attorney at Eisner Gorin LLP. To schedule a consultation, call (818) 781-1570 or contact us here.

The Text of 18 U.S.C. § 1958 Explained

The statute prohibits:

Traveling in interstate or foreign commerce with the intent that a murder be committed for payment
Causing another person (including the intended victim) to travel across state lines
Using mail, telephone, internet, or other interstate communication systems
Conspiring to commit murder in exchange for anything of pecuniary value

The offense does not require the murder to be completed. The crime is complete once the agreement and interstate element are established.

What Is a “Facility of Interstate Commerce”?

A “facility of interstate commerce” includes nearly any modern method of communication or transportation, such as:

Cell phones
Text messages
Email
Social media
Wire transfers
Bank transactions
Internet communications
Highways and air travel

Because cellular networks and internet systems operate across state lines, even local communications may satisfy the federal jurisdiction requirement.

Elements Prosecutors Must Prove

To convict under 18 U.S.C. § 1958, federal prosecutors must prove beyond a reasonable doubt:

Intent

The defendant intended that a murder be committed.

Consideration for Pecuniary Value

The murder was to be carried out in exchange for money or something of economic value.

“Anything of pecuniary value” includes:

Cash
Property
Business interests
Financial advantage

Interstate Commerce Element

The defendant:

Traveled across state lines; or
Used or caused another to use a facility of interstate or foreign commerce to facilitate the scheme.

If any of these elements are not proven, the charge may fail.

Who Can Be Charged?

Both parties can be prosecuted:

The person hiring the killer
The person agreeing to commit the murder

The law also covers conspiracy, meaning agreement alone — combined with interstate use — can trigger liability.

Examples of Federal Murder for Hire

Example 1 – Interstate Communication

A person in one state uses a cellphone to hire someone in another state and transfers money electronically. Even if no harm occurs, federal jurisdiction applies.

Example 2 – Interstate Travel

An alleged hitman travels across state lines to meet a contractor and accepts payment. Both individuals may face federal charges.

Example 3 – No Interstate Element

If someone offers money to a neighbor without using interstate communication or travel, the case may remain under state law rather than federal jurisdiction.

Related Federal Statutes

Murder-for-hire cases often overlap with other federal racketeering or commerce-related statutes, including:

18 U.S.C. § 1951 – Interference with commerce by threats or violence
18 U.S.C. § 1952 – Interstate travel in aid of racketeering
18 U.S.C. § 1956 – Money laundering
18 U.S.C. § 1957 – Monetary transactions in criminally derived property
18 U.S.C. § 1959 – Violent crimes in aid of racketeering

Federal prosecutors frequently charge multiple overlapping counts.

Penalties Under 18 U.S.C. § 1958

Penalties depend on the outcome:

No Injury

Up to 10 years in federal prison.

Personal Injury

Up to 20 years in federal prison.

Death Results

Life imprisonment or the federal death penalty.

Fines can reach $250,000 or more, depending on circumstances.

Sentencing may also involve federal sentencing guidelines enhancements, criminal history calculations, and supervised release.

Federal Sentencing Considerations

Federal courts apply the United States Sentencing Guidelines. Factors influencing sentencing include:

Role in the offense
Criminal history
Whether a weapon was used
Acceptance of responsibility
Obstruction of justice
Degree of injury

Federal sentencing is complex and requires strategic litigation.

Common Defense Strategies

Being charged under 18 U.S.C. § 1958 does not mean conviction is inevitable.

Lack of Intent

Prosecutors must prove a genuine intent to commit murder. Casual statements, hyperbole, or joking remarks may not satisfy intent requirements.

Entrapment

Many federal murder-for-hire cases arise from undercover sting operations.

Entrapment may apply if:

Government agents induced the crime
The defendant lacked predisposition
The scheme originated with law enforcement

Entrapment defenses are fact-intensive and highly technical.

Lack of Interstate Element

If the prosecution cannot establish the required interstate commerce element, federal jurisdiction may fail.

Duress or Coercion

If the defendant acted under threat of imminent harm, coercion defenses may be available.

Insufficient Evidence

Federal cases often rely on recorded conversations or cooperating witnesses. Credibility challenges may undermine the government's case.

Frequently Asked Questions

Is murder required for a conviction under 18 U.S.C. § 1958?

No. The crime is complete once there is intent, an agreement involving payment, and use of interstate commerce.

Can texting someone about hiring a killer trigger federal charges?

Yes. Text messages typically travel through interstate systems and may satisfy the jurisdictional requirement.

What if the “hitman” was an undercover agent?

Many federal murder-for-hire cases involve undercover operations. Entrapment may be a potential defense depending on the facts.

Can both parties be charged?

Yes. Both the person offering payment and the person agreeing to commit the murder can be prosecuted.

Is the death penalty possible?

Yes. If death results from the scheme, federal prosecutors may seek life imprisonment or the death penalty.

Why Federal Representation Is Critical

Federal murder-for-hire charges are prosecuted aggressively and often involve:

Wiretap evidence
Recorded communications
Financial tracing
Confidential informants
Undercover operations

Federal procedure differs significantly from state court. Early strategic intervention may allow defense counsel to:

Challenge federal jurisdiction
Suppress unlawfully obtained evidence
Negotiate pre-indictment resolutions
Argue against detention at initial appearance
Position the case for dismissal or a favorable plea

Federal investigations often begin long before arrest.

Charged with Federal Murder for Hire?

If you are under investigation or charged under 18 U.S.C. § 1958, the consequences are life-altering. Federal prosecutors have extensive resources and investigative authority.

Immediate representation by experienced federal criminal defense counsel is essential.

A comprehensive defense strategy must evaluate:

Jurisdictional issues
Constitutional violations
Sentencing exposure
Negotiation leverage
Trial risks

Eisner Gorin LLP is here to help. Schedule your consultation at (818) 781-1570 or contact us here. Our law firm is based in Los Angeles.

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