§ 918. Art. 118. Murder

607 words·~3 min read·/usc/title-10/section-918

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any person subject to this chapter who, without justification or excuse, unlawfully kills a human being, when such person—

(1)has a premeditated design to kill;

(2)intends to kill or inflict great bodily harm;

(3)is engaged in an act which is inherently dangerous to another and evinces a wanton disregard of human life; or

(4)is engaged in the perpetration or attempted perpetration of burglary, rape, rape of a child, sexual assault, sexual assault of a child, aggravated sexual contact, sexual abuse of a child, robbery, or aggravated arson;

is guilty of murder, and shall suffer such punishment as a court-martial may direct, except that if found guilty under clause

(1)or (4), such person shall suffer death or imprisonment for life as a court-martial may direct, unless such person is otherwise sentenced in accordance with a plea agreement entered into between the parties under section 853a of this title (article 53a).

(Aug. 10, 1956, ch. 1041, 70A Stat. 72; Pub. L. 102–484, div. A, title X, § 1066(b), Oct. 23, 1992, 106 Stat. 2506; Pub. L. 109–163, div. A, title V, § 552(d), Jan. 6, 2006, 119 Stat. 3263; Pub. L. 112–81, div. A, title V, § 541(d)(2), Dec. 31, 2011, 125 Stat. 1410; Pub. L. 113–291, div. A, title V, § 531(d)(2)(B), Dec. 19, 2014, 128 Stat. 3364; Pub. L. 114–328, div. E, title LX, § 5428, Dec. 23, 2016, 130 Stat. 2949; Pub. L. 118–31, div. A, title V, § 531(a), Dec. 22, 2023, 137 Stat. 257.)

The words “of this section” are omitted as surplusage.

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U.S. Code