UCMJ Article 118 MURDER

UCMJ Article 118 Murder may apply to any person subject to this chapter who, without justification or excuse, unlawfully kills a human being, when he,

(1) has a premeditated design to kill;
(2) intends to kill or inflict great bodily harm;
(3) is engaged in an act that 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, sodomy, 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) he shall suffer death or imprisonment for life as a court-martial may direct.

Elements.

(1) Premeditated murder.
(a) That a certain named or described person is dead;
(b) That the death resulted from the act or omission of the accused;
(c) That the killing was unlawful; and
(d) That, at the time of the killing, the accused had a premeditated design to kill.

(2) Intent to kill or inflict great bodily harm.

(a) That a certain named or described person is dead;
(b) That the death resulted from the act or omission of the accused;
(c) That the killing was unlawful; and
(d) That, at the time of the killing, the accused had the intent to kill or inflict great bodily harm upon a person.

(3) Act inherently dangerous to another.

(a) That a certain named or described person is dead;
(b) That the death resulted from the intentional act of the accused;
(c) That this act was inherently dangerous to another and showed a wanton disregard for human life;
(d) That the accused knew that death or great bodily harm was a probable consequence of the act; and
(e) That the killing was unlawful.

(4) During certain offenses.

(a) That a certain named or described person is dead;
(b) That the death resulted from the act or omission of the accused;
(c) That the killing was unlawful; and
(d) That, at the time of the killing, the accused was engaged in the perpetration or attempted perpetration of burglary, sodomy, 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, robbery, or aggravated arson.

Circumstances and potential penalties vary among individual cases for those charged with UCMJ Article 118 Murder. For more information on this offense including the maximum punishment, potential defenses, and a discussion of the strengths and weaknesses of the prosecution’s case, consult with an experienced military lawyer.