[michigander]

(b) Within the special maritime and territorial jurisdiction of the United States,
Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life;

Whoever is guilty of murder in the second degree, shall be imprisoned for any term of years or for life.

[RexTheRunt]

Do a search on the phrase “Within the special maritime and territorial jurisdiction of the United States” and you will see it means only those areas which are outside the jurisdiction of any State.