Legal Penalties for Soliciting Murder

Introduction

Those who solicit murder face severe federal penalties regardless of whether the murder actually occurs. Federal law treats the decision to hire a killer as a completed crime—the solicitation itself carries a potential 10-year sentence, with life imprisonment or death possible if someone dies.

Court documents reveal how federal prosecutors and judges approach these cases, what factors influence sentencing, and why perpetrators consistently receive substantial prison terms.

For comprehensive coverage of murder-for-hire cases, see our complete guide to murder-for-hire investigations.

A note on approach: This content examines sentencing consequences to demonstrate the certainty of punishment—not to provide planning guidance. Understanding penalties reinforces why these crimes result in severe consequences regardless of outcome.

The Federal Statute

18 U.S.C. § 1958: Murder-for-Hire

The primary federal statute addresses:

What it prohibits:

Traveling in or causing another to travel in interstate or foreign commerce, or using any facility of interstate commerce, with intent that murder be committed as consideration for payment.

Jurisdictional hooks:

  • Interstate travel
  • Use of telephone (interstate facility)
  • Use of internet (interstate facility)
  • Use of mail
  • Any facility of interstate commerce

Penalties:

  • If death does not result: Not more than 10 years
  • If personal injury results: Not more than 20 years
  • If death results: Death or imprisonment for life

Why Federal Jurisdiction Is Common

Almost any murder-for-hire plot triggers federal jurisdiction:

  • Phone call discussing the plot = interstate commerce
  • Text message or email = interstate commerce
  • Traveling to meet the “hitman” = interstate travel
  • Payment through banking system = interstate commerce

The statute’s broad reach means federal prosecutors can pursue nearly every murder-for-hire case they choose.

Sentencing Framework

Federal Sentencing Guidelines

How guidelines calculate sentences:

Base offense level:

  • Solicitation of murder: Base level 32 (or higher depending on circumstances)
  • Attempted murder: Base level 33
  • If murder occurs: Potentially life or death

Adjustments:

  • Role in offense (leader = increase)
  • Vulnerable victim (+2)
  • Official victim (+3 to +6)
  • Obstruction of justice (+2)
  • Acceptance of responsibility (-2 to -3)

Criminal history:

  • Points based on prior convictions
  • Category I (no history) to VI (extensive history)
  • Higher category = longer sentence

Calculating the Range

Example calculation from court documents:

Starting point: Base offense level 32

Adjustments:

  • Role as organizer: +4
  • Acceptance of responsibility: -3
  • Total offense level: 33

Criminal history: Category I (no prior convictions)

Guideline range: 135-168 months (roughly 11-14 years)

Beyond Guidelines

Judges may sentence above or below guidelines considering:

  • Nature and circumstances of offense
  • History and characteristics of defendant
  • Need for sentence to reflect seriousness
  • Deterrence
  • Protection of public
  • Rehabilitation needs

What Courts Consider

Aggravating Factors

From sentencing documents, factors that increase sentences:

Planning and deliberation:

  • Extended planning period
  • Multiple attempts to find a hitman
  • Research into methods
  • Backup plans

Financial motivation:

  • Insurance payout sought
  • Inheritance acceleration
  • Business interest
  • Avoiding financial obligations

Relationship betrayal:

  • Targeting spouse
  • Targeting family member
  • Targeting business partner
  • Position of trust violated

Persistence:

  • Continued after initial failure
  • Multiple hitman contacts
  • Undetected until advanced stages

Mitigating Factors

Factors that may reduce sentences:

Personal circumstances:

  • Mental health issues
  • Substance abuse
  • Coercion or pressure
  • Age

Case-specific:

  • Immediate acceptance of responsibility
  • Cooperation with authorities
  • No actual harm occurred
  • Genuine remorse

History:

  • No prior criminal record
  • Community involvement
  • Family responsibilities
  • Employment history

Actual Sentences

What Court Records Show

From cases we’ve covered:

Typical range for completed solicitation (no death):

  • 5-15 years common
  • Sentences near top of guidelines for aggravated cases
  • Below-guidelines sentences rare but possible

Factors in actual sentences:

Higher sentences when:

  • Financial motive
  • Spousal victim
  • Extended planning
  • Multiple solicitation attempts
  • Trial conviction (no acceptance of responsibility)

Lower sentences when:

  • Guilty plea with cooperation
  • Mental health contributions
  • First offense
  • Scheme ended early

Case Examples

They Were Hiking Friends: Demonstrates factors courts consider in spousal solicitation cases.

Wrong Target Again and Again: Shows how multiple failed attempts affect sentencing.

Listen: Apple Podcasts | Spotify

Additional Consequences

Beyond Prison

Murder-for-hire convictions carry consequences beyond incarceration:

Supervised release:

  • 3-5 years following prison
  • Restrictions on contact, travel, activities
  • Violation can result in additional prison time

Restitution:

  • Victim counseling costs
  • Security measures
  • Other documented losses

Collateral consequences:

  • Felony conviction record
  • Loss of professional licenses
  • Immigration consequences
  • Firearms prohibition

Civil Consequences

Criminal conviction doesn’t prevent:

  • Victim civil lawsuits
  • Insurance policy challenges
  • Divorce proceedings impact
  • Custody determinations

Conspiracy vs. Solicitation

Understanding the Difference

Solicitation (§ 1958):

  • Asking someone to commit murder
  • Using interstate facilities
  • No agreement needed from other party
  • Crime complete upon asking

Conspiracy (§ 371 or § 1117):

  • Agreement between two or more people
  • To commit crime
  • Overt act in furtherance
  • Requires meeting of minds

Why Both May Apply

Perpetrators often charged with both:

  • Solicitation captures the initial request
  • Conspiracy captures the agreement
  • Multiple counts allow consecutive sentences
  • Provides prosecution flexibility

The Certainty of Consequences

Why Sentences Are Severe

Court documents consistently reflect:

Judicial reasoning:

  • Planning demonstrates deliberation, not impulse
  • Targeting specific victim shows intent
  • Willingness to pay shows commitment
  • Only intervention prevented actual murder

Public policy:

  • Deterrence requires certain, severe punishment
  • Society’s most fundamental protection (life) at stake
  • No lesser offense adequately addresses conduct
  • Victim protection requires perpetrator incapacitation

The Message from Courts

Sentencing opinions consistently state:

  • Murder-for-hire cannot be tolerated
  • Sentences must reflect gravity of intent
  • Actual completion is beside the point
  • The decision to solicit murder is itself the crime

Related Content

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Steve Rhode Podcaster - Investigator
30-year investigative journalist, former police dispatcher, and SAR pilot. Host of True Crime Cases You Haven't Heard podcast.

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