Title 10 — Armed Forces
Part II · Chapter 47 — Uniform Code of Military Justice
§ 918. Art. 118. Murder
Statutory text
Any person subject to this chapter who, without justification or excuse, unlawfully kills a human being, when such person—
has a premeditated design to kill;
intends to kill or inflict great bodily harm;
is engaged in an act which is inherently dangerous to another and evinces a wanton disregard of human life; or
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).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 72 · 70A Stat. 72
Enacted · 10 U.S.C. § 918
Aug. 10, 1956, ch. 1041, 70A Stat. 72
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 72National Defense Authorization Act for Fiscal Year 1993
Pub. L. 102–484 div. A title X § 1066(b) · 106 Stat. 2315
Substituted · 10 U.S.C. § 918(3)
Pub. L. 102–484 substituted “another” for “others”
Source evidence
Code amendment note
Par. (3). Pub. L. 102–484 substituted “another” for “others”.Enacted provision · exact public law section
(b) Clarification.— Section 918(3) (article 118(3)) of such title is amended by striking out “others” and inserting in lieu thereof “another”.National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 div. A title V § 552(d) · 119 Stat. 3136
Substituted · 10 U.S.C. § 918(4)
Pub. L. 109–163 substituted “rape, rape of a child, aggravated sexual assault, aggravated sexual assault of a child, aggravated sexual contact, aggravated sexual abuse of a child, aggravated sexual contact with a child,” for “rape,”
Source evidence
Code amendment note
Par. (4). Pub. L. 109–163 substituted “rape, rape of a child, aggravated sexual assault, aggravated sexual assault of a child, aggravated sexual contact, aggravated sexual abuse of a child, aggravated sexual contact with a child,” for “rape,”.Enacted provision · exact public law section
(d) Aggravating Factors for Offense of Murder.— Section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended in paragraph (4) by striking “rape,” and inserting “rape, rape of a child, aggravated sexual assault, aggravated sexual assault of a child, aggravated sexual contact, aggravated sexual abuse of a child, aggravated sexual contact with a child,”.National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 div. A title V § 541(d)(2) · 125 Stat. 1298
Substituted · 10 U.S.C. § 918(4)
Pub. L. 112–81 substituted “sexual assault, sexual assault of a child, aggravated sexual contact, sexual abuse of a child,” for “aggravated sexual assault, aggravated sexual assault of a child, aggravated sexual contact, aggravated sexual abuse of a child, aggravated sexual contact with a child,”
Source evidence
Code amendment note
Par. (4). Pub. L. 112–81 substituted “sexual assault, sexual assault of a child, aggravated sexual contact, sexual abuse of a child,” for “aggravated sexual assault, aggravated sexual assault of a child, aggravated sexual contact, aggravated sexual abuse of a child, aggravated sexual contact with a child,”.Enacted provision · exact public law section
(2) Murder.— Paragraph (4) of section 918 (article 118) is amended by striking “aggravated sexual assault,” and all that follows through “with a child,” and inserting “sexual assault, sexual assault of a child, aggravated sexual contact, sexual abuse of a child,”.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 div. A title V § 531(d)(2)(B) · 128 Stat. 3292
Substituted · 10 U.S.C. § 918(4)
Pub. L. 113–291 substituted “forcible sodomy” for “sodomy”
Source evidence
Code amendment note
Par. (4). Pub. L. 113–291 substituted “forcible sodomy” for “sodomy”.Enacted provision · exact public law section
(B) Article 118.— Section 918(4) of such title (article 118(4) of the Uniform Code of Military Justice) is amended by striking “sodomy” and inserting “forcible sodomy”.Military Justice Act of 2016
Pub. L. 114–328 div. E title LX § 5428 · 130 Stat. 2000
Struck · 10 U.S.C. § 918(4)
Pub. L. 114–328 struck out “forcible sodomy,” after “burglary,”
Source evidence
Code amendment note
Par. (4). Pub. L. 114–328 struck out “forcible sodomy,” after “burglary,”.Enacted provision · exact public law section
SEC. 5428. TECHNICAL AMENDMENT RELATING TO MURDER. Section 918(4) of title 10, United States Code (article 118(4) of the Uniform Code of Military Justice), is amended by striking “forcible sodomy,”.Effective date note
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability 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.National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 div. A title V § 531(a) · 137 Stat. 136
Substituted · 10 U.S.C. § 918
Pub. L. 118–31 substituted “such person” for “he” in introductory and concluding provisions
Substituted · 10 U.S.C. § 918
Pub. L. 118–31 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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(a) Technical Amendment Relating to Guilty Pleas for Murder.— Section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended— (1) by striking “he” each place it appears and inserting “such person”; and (2) in the matter following paragraph (4), by striking the period and inserting “, 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).”.
7 of 8 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| 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 surplusage.
Editorial Notes
Amendments1992–2023 · 6 rounds
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 sodomy,” after “burglary,”.
2014
Par. (4). Pub. L. 113–291 substituted “forcible sodomy” for “sodomy”.
2011
Par. (4). Pub. L. 112–81 substituted “sexual assault, sexual assault of a child, aggravated sexual contact, sexual abuse of a child,” for “aggravated sexual assault, aggravated sexual assault of a child, aggravated 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, aggravated sexual abuse of a child, aggravated sexual contact 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 , as designated by the President, with implementing regulations and provisions relating to applicability 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 , 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 , 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 , 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.
Credits
1956–2023 · 7 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 72
- 1992Pub. L. 102–484, div. A, title X, § 1066(b), , 106 Stat. 2506
- 2006Pub. L. 109–163, div. A, title V, § 552(d), , 119 Stat. 3263
- 2011Pub. L. 112–81, div. A, title V, § 541(d)(2), , 125 Stat. 1410
- 2014Pub. L. 113–291, div. A, title V, § 531(d)(2)(B), , 128 Stat. 3364
- 2016Pub. L. 114–328, div. E, title LX, § 5428, , 130 Stat. 2949
- 2023Pub. L. 118–31, div. A, title V, § 531(a), , 137 Stat. 257.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 72; Pub. L. 102–484, div. A, title X, § 1066(b), , 106 Stat. 2506; Pub. L. 109–163, div. A, title V, § 552(d), , 119 Stat. 3263; Pub. L. 112–81, div. A, title V, § 541(d)(2), , 125 Stat. 1410; Pub. L. 113–291, div. A, title V, § 531(d)(2)(B), , 128 Stat. 3364; Pub. L. 114–328, div. E, title LX, § 5428, , 130 Stat. 2949; Pub. L. 118–31, div. A, title V, § 531(a), , 137 Stat. 257.)