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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—

(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).

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.

  1. 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. 72

  2. National 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”.

  3. 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,”.

  4. 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,”.

  5. 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”.

  6. 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.

  7. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 div. A title V § 531(a) · 137 Stat. 136

    1. Substituted · 10 U.S.C. § 918

      Pub. L. 118–31 substituted “such person” for “he” in introductory and concluding provisions

    2. 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 sectionSource (U.S. Code)Source (Statutes at Large)
91850:712.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
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 72
  2. 1992Pub. L. 102–484, div. A, title X, § 1066(b), , 106 Stat. 2506
  3. 2006Pub. L. 109–163, div. A, title V, § 552(d), , 119 Stat. 3263
  4. 2011Pub. L. 112–81, div. A, title V, § 541(d)(2), , 125 Stat. 1410
  5. 2014Pub. L. 113–291, div. A, title V, § 531(d)(2)(B), , 128 Stat. 3364
  6. 2016Pub. L. 114–328, div. E, title LX, § 5428, , 130 Stat. 2949
  7. 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.)

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