10 U.S.C. § 918 — Art. 118. Murder

Page 821 TITLE 10—ARMED FORCES § 918 reasonable expectation of privacy regarding any broadcast or distribution of the intimate visual image or visual image of sexually ex- plicit conduct; (3) who knows or reasonably should have known that the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct is likely— (A) to cause harm, harassment, intimida- tion, emotional distress, or financial loss for the person depicted in the intimate visual image or visual image of sexually explicit conduct; or (B) to harm substantially the depicted per- son with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relation- ships; and (4) whose conduct, under the circumstances, had a reasonably direct and palpable connec- tion to a military mission or military environ- ment, is guilty of wrongful distribution of intimate visual images or visual images of sexually ex- plicit conduct and shall be punished as a court- martial may direct. (b) DEFINITIONS.—In this section: (1) BROADCAST.—The term ‘‘broadcast’’ means to electronically transmit a visual image with the intent that it be viewed by a person or persons. (2) DISTRIBUTE.—The term ‘‘distribute’’ means to deliver to the actual or constructive possession of another person, including trans- mission by mail or electronic means. (3) INTIMATE VISUAL IMAGE.—The term ‘‘inti- mate visual image’’ means a visual image that depicts a private area of a person. (4) PRIVATE AREA.—The term ‘‘private area’’ means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple. (5) REASONABLE EXPECTATION OF PRIVACY.— The term ‘‘reasonable expectation of privacy’’ means circumstances in which a reasonable person would believe that a private area of the person, or sexually explicit conduct involving the person, would not be visible to the public. (6) SEXUALLY EXPLICIT CONDUCT.—The term ‘‘sexually explicit conduct’’ means actual or simulated genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, bestiality, masturbation, or sadistic or masochistic abuse. (7) VISUAL IMAGE.—The term ‘‘visual image’’ means the following: (A) Any developed or undeveloped photo- graph, picture, film, or video. (B) Any digital or computer image, pic- ture, film, or video made by any means, in- cluding those transmitted by any means, in- cluding streaming media, even if not stored in a permanent format. (C) Any digital or electronic data capable of conversion into a visual image. (Added Pub. L. 115–91, div. A, title V, § 533(a), Dec. 12, 2017, 131 Stat. 1389.) § 918. Art. 118. Murder Any person subject to this chapter who, with- out 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 at- tempted 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 punish- ment as a court-martial may direct, except that if found guilty under clause (1) or (4), such per- son shall suffer death or imprisonment for life as a court-martial may direct, unless such per- son 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.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 918 .......... 50:712. May 5, 1950, ch. 169, § 1 (Art. 118), 64 Stat. 140. The words ‘‘of this section’’ are omitted as surplus- age. Editorial Notes AMENDMENTS 2023—Pub. L. 118–31 substituted ‘‘such person’’ for ‘‘he’’ in introductory and concluding provisions and substituted ‘‘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).’’ for ‘‘ direct.’’ in concluding provisions. 2016—Par. (4). Pub. L. 114–328 struck out ‘‘forcible sod- omy,’’ after ‘‘burglary,’’. 2014—Par. (4). Pub. L. 113–291 substituted ‘‘forcible sodomy’’ for ‘‘sodomy’’. 2011—Par. (4). Pub. L. 112–81 substituted ‘‘sexual as- sault, sexual assault of a child, aggravated sexual con- tact, sexual abuse of a child,’’ for ‘‘aggravated sexual assault, aggravated sexual assault of a child, aggra- vated sexual contact, aggravated sexual abuse of a child, aggravated sexual contact with a child,’’. 2006—Par. (4). Pub. L. 109–163 substituted ‘‘rape, rape of a child, aggravated sexual assault, aggravated sexual assault of a child, aggravated sexual contact, aggra- vated sexual abuse of a child, aggravated sexual con- tact with a child,’’ for ‘‘rape,’’. 1992—Par. (3). Pub. L. 102–484 substituted ‘‘another’’ for ‘‘others’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- Page 822 TITLE 10—ARMED FORCES § 919 menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–81 effective 180 days after Dec. 31, 2011, and applicable with respect to offenses committed on or after such effective date, see section 541(f) of Pub. L. 112–81, set out as a note under section 843 of this title. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–163 effective on Oct. 1, 2007, see section 552(f) of Pub. L. 109–163, set out as a note under section 843 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–484 effective Oct. 23, 1992, and applicable with respect to offenses committed on or after that date, see section 1067 of Pub. L. 102–484, set out as a note under section 803 of this title. § 919. Art. 119. Manslaughter (a) Any person subject to this chapter who, with an intent to kill or inflict great bodily harm, unlawfully kills a human being in the heat of sudden passion caused by adequate prov- ocation is guilty of voluntary manslaughter and shall be punished as a court-martial may direct. (b) Any person subject to this chapter who, without an intent to kill or inflict great bodily harm, unlawfully kills a human being— (1) by culpable negligence; or (2) while perpetrating or attempting to per- petrate an offense, other than those named in clause (4) of section 918 of this title (article 118), directly affecting the person; is guilty of involuntary manslaughter and shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 73.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 919(a) ...... 919(b) ...... 50:713(a). 50:713(b). May 5, 1950, ch. 169, § 1 (Art. 119), 64 Stat. 140. The word ‘‘named’’ is substituted for the word ‘‘speci- fied’’. § 919a. Art. 119a. Death or injury of an unborn child (a)(1) Any person subject to this chapter who engages in conduct that violates any of the pro- visions of law listed in subsection (b) and there- by causes the death of, or bodily injury (as de- fined in section 1365 of title 18) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section and shall, upon conviction, be punished by such punishment, other than death, as a court-mar- tial may direct, which shall be consistent with the punishments prescribed by the President for that conduct had that injury or death occurred to the unborn child’s mother. (2) An offense under this section does not re- quire proof that— (i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was preg- nant; or (ii) the accused intended to cause the death of, or bodily injury to, the unborn child. (3) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall, instead of being punished under paragraph (1), be punished as provided under sections 880, 918, and 919(a) of this title (articles 80, 118, and 119(a)) for inten- tionally killing or attempting to kill a human being. (4) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. (b) The provisions referred to in subsection (a) are sections 918, 919(a), 919(b)(2), 920(a), 922, 926, 928, and 928a of this title (articles 118, 119(a), 119(b)(2), 120(a), 122, 126, 128, and 128a). (c) Nothing in this section shall be construed to permit the prosecution— (1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) of any person for any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child. (d) In this section, the term ‘‘unborn child’’ means a child in utero, and the term ‘‘child in utero’’ or ‘‘child, who is in utero’’ means a mem- ber of the species homo sapiens, at any stage of development, who is carried in the womb. (Added Pub. L. 108–212, § 3(a), Apr. 1, 2004, 118 Stat. 569; amended Pub. L. 114–328, div. E, title LX, § 5401(13)(B), Dec. 23, 2016, 130 Stat. 2939; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(N), Dec. 12, 2017, 131 Stat. 1598.) Editorial Notes AMENDMENTS 2017—Subsec. (b). Pub. L. 115–91 substituted ‘‘926, 928, and 928a’’ for ‘‘928a, 926, and 928’’ and ‘‘126, 128, and 128a’’ for ‘‘128a 126, and 128’’. 2016—Subsec. (b). Pub. L. 114–328 substituted ‘‘928a,’’ for ‘‘924,’’ and ‘‘128a’’ for ‘‘124,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under sec- tion 801 of this title. EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 919b. Art. 119b. Child endangerment Any person subject to this chapter— (1) who has a duty for the care of a child under the age of 16 years; and (2) who, through design or culpable neg- ligence, endangers the child’s mental or phys- ical health, safety, or welfare;