# Is it a federal offense to kill a former President? **URL:** \ **Category:** Factual Questions\ **Created:** [November 4, 2004, 9:30pm UTC](https://boards.straightdope.com/t/is-it-a-federal-offense-to-kill-a-former-president/273051 "2004-11-04T21:30:39Z")\ **Posts on this page:** 4\ **Page:** 1
**Author:** ![Hadrian0117](https://avatars.discourse-cdn.com/v4/letter/h/3d9bf3/32.png) [@Hadrian0117](https://boards.straightdope.com/u/Hadrian0117)\ **Post date:** [November 4, 2004, 9:30pm UTC](https://boards.straightdope.com/t/is-it-a-federal-offense-to-kill-a-former-president/273051/1 "2004-11-04T21:30:39Z")
A Presidential or Vice-Presidential assain would be tried in a federal court for his/her crime, what about someone who mudered(or tried to) a _former_ President or Vice-President? Would they be tried in federal or state court? Ex-President/VPs do get Secret Service protection (lifetime pre-Bush, 10 yrs post-Bush). ---
**Author:** ![brianmelendez](https://avatars.discourse-cdn.com/v4/letter/b/65b543/32.png) [@brianmelendez](https://boards.straightdope.com/u/brianmelendez)\ **Post date:** [November 4, 2004, 9:49pm UTC](https://boards.straightdope.com/t/is-it-a-federal-offense-to-kill-a-former-president/273051/2 "2004-11-04T21:49:01Z")
The assassination, kidnapping, or attempted assassination or kidnapping of a president, of a vice president or other immediate presidential successor, of an acting president, or of a senior presidential staffer is a federal crime. [18 U.S.C. § 1751](http://assembler.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001751----000-.html). So is the murder or attempted murder of “any officer or employee of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any person assisting such an officer or employee in the performance of such duties or on account of that assistance,” [18 U.S.C. § 1114](http://assembler.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001114----000-.html), which includes the incumbent president and vice president. But the murder or attempted murder of a former president or vice president is not, solely because the victim is a former president or vice president, a federal crime. (It may be a federal crime for some other reason, for example if it is committed on federal property.) It would therefore go to trial in state court. By the way, this kind of information isn’t hard to research. The [United States Code](http://assembler.law.cornell.edu/uscode/) is your friend. The Code compiles all federal statutes of a permanent and general character. ---
**Author:** ![Iceland\_Blue](https://avatars.discourse-cdn.com/v4/letter/i/4bbf92/32.png) [@Iceland\_Blue](https://boards.straightdope.com/u/Iceland_Blue)\ **Post date:** [November 5, 2004, 1:10pm UTC](https://boards.straightdope.com/t/is-it-a-federal-offense-to-kill-a-former-president/273051/3 "2004-11-05T13:10:51Z")
Please tell me you don’t need to know this to find out what you’ll be charged with… ---
**Author:** ![Bosda\_Di\_Chi\_of\_Tricor](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bosda_di_chi_of_tricor/32/16845_2.png) [@Bosda\_Di\_Chi\_of\_Tricor](https://boards.straightdope.com/u/Bosda_Di_Chi_of_Tricor)\ **Post date:** [November 5, 2004, 1:23pm UTC](https://boards.straightdope.com/t/is-it-a-federal-offense-to-kill-a-former-president/273051/4 "2004-11-05T13:23:57Z")
**Hadrian** --you’re creeping us out. Murder is murder, a crime against Heaven, State & Society _everywhere you go, no matter **who** it is._ Do your deep breathing, & think happy thoughts. Lie down until the urges pass.