---
kind: "section"
citation: "18 U.S.C. § 1091"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "1091"
heading: "Genocide"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/18/1091"
units:
  - "Part I — Crimes"
  - "Chapter 50A — Genocide"
---

# §1091. Genocide

- (a) **Basic Offense.—** [Whoever](/usc/18/921.md?p=a-1), whether in time of peace or in time of war and with the specific intent to destroy, in whole or in [substantial part](/usc/18/1093.md?p=8), a national, ethnic, racial, or [religious group](/usc/18/1093.md?p=7) as such—
  - (1) kills [members](/usc/18/1093.md?p=4) of that group;
  - (2) causes [serious bodily injury](/usc/18/2246.md?p=4) to [members](/usc/18/1093.md?p=4) of that group;
  - (3) causes the permanent impairment of the mental faculties of [members](/usc/18/1093.md?p=4) of the group through drugs, [torture](/usc/18/2340.md?p=1), or similar techniques;
  - (4) subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;
  - (5) imposes measures intended to prevent births within the group; or
  - (6) transfers by force [children](/usc/18/1093.md?p=1) of the group to another group;

  shall be punished as provided in [subsection (b)](#b).

- (b) **Punishment for Basic Offense.—** The punishment for an offense under [subsection (a)](#a) is—
  - (1) in the case of an offense under [subsection (a)(1)](#a-1), where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both; and
  - (2) a fine of not more than $1,000,000 or imprisonment for not more than twenty years, or both, in any other case.
- (c) **Incitement Offense.—** [Whoever](/usc/18/921.md?p=a-1) directly and publicly [incites](/usc/18/1093.md?p=3) another to violate [subsection (a)](#a) shall be fined not more than $500,000 or imprisoned not more than five years, or both.
- (d) **Attempt and Conspiracy.—** Any [person](/usc/18/229F.md?p=5) who attempts or conspires to commit an offense under this section shall be punished in the same manner as a [person](/usc/18/229F.md?p=5) who completes the offense.
- (e) **Jurisdiction.—** There is jurisdiction over the offenses described in subsections [(a)](#a), [(c)](#c), and [(d)](#d) if—
  - (1) the offense is committed in whole or in part within the [United States](/usc/18/229F.md?p=9); or
  - (2) regardless of where the offense is committed, the alleged offender is—
    - (A) a [national of the United States](/usc/18/178.md?p=5) (as that term is defined in section 101 of the Immigration and Nationality Act ([8 U.S.C. 1101](/usc/8/1101.md)));
    - (B) an [alien](/usc/18/841.md?p=r) lawfully admitted for permanent residence in the [United States](/usc/18/229F.md?p=9) (as that term is defined in section 101 of the Immigration and Nationality Act ([8 U.S.C. 1101](/usc/8/1101.md)));
    - (C) a stateless [person](/usc/18/229F.md?p=5) whose habitual residence is in the [United States](/usc/18/229F.md?p=9); or
    - (D) present in the [United States](/usc/18/229F.md?p=9).
- (f) **Nonapplicability of Certain Limitations.—** Notwithstanding [section 3282](/usc/18/3282.md), in the case of an offense under this section, an [indictment](/usc/18/921.md?p=a-14) may be found, or information instituted, at any time without limitation.

## Source credit

(Added Pub. L. 100–606, § 2(a), Nov. 4, 1988, 102 Stat. 3045; amended Pub. L. 103–322, title VI, § 60003(a)(13), Sept. 13, 1994, 108 Stat. 1970; Pub. L. 107–273, div. B, title IV, § 4002(a)(4), (b)(7), Nov. 2, 2002, 116 Stat. 1806, 1808; Pub. L. 110–151, § 2, Dec. 21, 2007, 121 Stat. 1821; Pub. L. 111–122, § 3(a), Dec. 22, 2009, 123 Stat. 3481.)

## Notes

### Editorial Notes

### Amendments

2009—Subsec. (a). Pub. L. 111–122, § 3(a)(1), struck out “, in a circumstance described in subsection (d)” before “and with the specific” in introductory provisions and “or attempts to do so,” before “shall be punished” in concluding provisions.

Subsec. (c). Pub. L. 111–122, § 3(a)(2), struck out “in a circumstance described in subsection (d)” before “directly”.

Subsecs. (d) to (f). Pub. L. 111–122, § 3(a)(3), (4), added subsecs. (d) to (f) and struck out former subsecs. (d) and (e) which related to the required circumstance for offenses referred to in subsecs. (a) and (c) and nonapplicability of certain limitations, respectively.

2007—Subsec. (d). Pub. L. 110–151 added subsec. (d) and struck out former subsec. (d). Text of former subsec. (d) read as follows: “The circumstance referred to in subsections (a) and (c) is that—

“(1) the offense is committed within the United States; or

“(2) the alleged offender is a national of the United States (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).”

2002—Subsec. (b)(1). Pub. L. 107–273, § 4002(b)(7), substituted “subsection (a)(1),” for “subsection (a)(1),,”.

Pub. L. 107–273, § 4002(a)(4), made technical correction to directory language of Pub. L. 103–322. See 1994 Amendment note below.

1994—Subsec. (b)(1). Pub. L. 103–322, as amended by Pub. L. 107–273, § 4002(a)(4), substituted “, where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both;” for “a fine of not more than $1,000,000 and imprisonment for life,”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2002 Amendment

Pub. L. 107–273, div. B, title IV, § 4002(a)(4), Nov. 2, 2002, 116 Stat. 1806, provided that the amendment made by section 4002(a)(4) is effective Sept. 13, 1994.

### Short Title

Pub. L. 100–606, § 1, Nov. 4, 1988, 102 Stat. 3045, provided that: “This Act [enacting this chapter] may be cited as the ‘Genocide Convention Implementation Act of 1987 (the Proxmire Act)’.”