Will Luigi Mangione face the death penalty?

(NewsNation) — Prosecutors in New York announced they are charging UnitedHealthcare CEO shooting suspect Luigi Mangione with first-degree murder and killing as an act of terrorism, which comes with a penalty of up to life in prison.

But could Mangione face the death penalty?

Mangione, 26, is charged with the death of UnitedHealthcare CEO Brian Thompson, who was on his way to an investor meeting when he was shot outside of a Manhattan hotel. Police have described the crime as "brazen" and targeted, with bullets engraved with the words "deny" "defend" and "depose."

Authorities launched a manhunt for the suspect, releasing photos taken from surveillance footage around New York. Mangione was eventually arrested at a McDonald's in Pennsylvania.

New York abolished the death penalty in 2004 and even before that, the last execution in the state took place in 1963.

In order to face the death penalty, Mangione would have to be charged federally, which isn't likely for a murder charge.

While hiring someone to kill another person across state lines qualified as a federal crime, crossing state lines to murder someone yourself does not, making it unlikely for Mangione to face a federal murder charge on top of the state charges.

Even if he were to face such a charge, the federal government might not make the case for the death penalty, something that is relatively rare in federal prosecutions.