r/law•
GIjay13

Question: Let’s say a US Citizen murders somebody in America whose not a US Citizen. What charges can be brought against the murderer and how do they differ from if the victim was a US Citizen?

Question: Let’s say a US Citizen murders somebody in America whose not a US Citizen. What charges can be brought against the murderer and how do they differ from if the victim was a US Citizen?

Posted Nov 17, 2021, 2:26 AM UTC

08
Mr_Mouthbreather•

You can’t murder tourists and non-citizens.

7
Mawgac•

They could be charged with murder, regardless of the nationality of the victim.

7
fionn1799•

No differing in charges. Murder is the intentional killing of a person, the victim’s nationality is not an element of the crime. I suppose if the victim was killed for a specific reason based upon their status as a non-citizen (if that was a motivating factor) there might be addiditonal charges to consider in jurisdictions that have hate crime and/or terrorism statutes.

3
gnorrn•

In general, the citizenship and immigration status of the victim does not make any difference to criminal charges for a murder that takes place on US soil.

If the crime takes place outside the United States, the citizenship of the victim is one factor that may give the US courts jurisdiction over the case. For example, 18 USC 1119 grants the US federal courts jurisdiction over cases of murder and attempted murder abroad, where both the victim and the perpetrator are US nationals.

3
radioactivepiloted•

Possible additional special circumstance that makes it a hate crime.

3
[deleted]•

[deleted]

2
[deleted]•

I’m pretty sure it isn’t different

1
ErictheAgnostic•

Is this a serious question? If so, then ficking yikes...our country is gonna be in for some shit if people are thinking this way.

1
fransantastic•

It’s worst. In some cases, imagine the resources of another countries state department helping fund a high powered lawyer for the state or jurisdiction.

0