Part IV · Punitive Articles

Article 119. Manslaughter · MCM ¶ 57

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes
(a) Text of statute.
(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 provocation 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 perpetrate 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.
(b) Elements.
(1) Voluntary manslaughter.
(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 the person killed.
Practice Note
[Note: Add the following if applicable]
(e) That the person killed was a child under the age of 16 years.
(2) Involuntary manslaughter.
(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 this act or omission of the accused constituted culpable negligence, or occurred while the accused was perpetrating or attempting to perpetrate an offense directly affecting the person other than 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.
Practice Note
[Note: Add the following if applicable]
(e) That the person killed was a child under the age of 16 years.
(c) Explanation.
(1) Voluntary manslaughter.
(a) Nature of offense. An unlawful killing, although done with an intent to kill or inflict great bodily harm, is not murder but voluntary manslaughter if committed in the heat of sudden passion caused by adequate provocation. Heat of passion may result from fear or rage. A person may be provoked to such an extent that in the heat of sudden passion caused by the provocation, although not in necessary defense of life or to prevent bodily harm, a fatal blow may be struck before self-control has returned. Although adequate provocation does not excuse the homicide, it does preclude conviction of murder.
(b) Nature of provocation. The provocation must be adequate to excite uncontrollable passion in a reasonable person, and the act of killing must be committed under and because of the passion. However, the provocation must not be sought or induced as an excuse for killing or doing harm. If, judged by the standard of a reasonable person, sufficient cooling time elapses between the provocation and the killing, the offense is murder, even if the accused’s passion persists. Examples of acts which may, depending on the circumstances, constitute adequate provocation are the unlawful infliction of great bodily harm, unlawful imprisonment, and the sight by one spouse of an act of adultery committed by the other spouse. Insulting or abusive words or gestures, a slight blow with the hand or fist, and trespass or other injury to property are not, standing alone, adequate provocation.
(c) When committed upon a child under 16 years of age. The maximum punishment is increased when voluntary manslaughter is committed upon a child under 16 years of age. The accused’s knowledge that the child was under 16 years of age at the time of the offense is not required for the increased maximum punishment.
(2) Involuntary manslaughter.
(a) Culpable negligence.
(i) Nature of culpable negligence. Culpable negligence is a degree of carelessness greater than simple negligence. It is a negligent act or omission accompanied by a culpable disregard for the foreseeable consequences to others of that act or omission. Thus, the basis of a charge of involuntary manslaughter may be a negligent act or omission which, when viewed in the light of human experience, might foreseeably result in the death of another, even though death would not necessarily be a natural and probable consequence of the act or omission. Acts which may amount to culpable negligence include negligently conducting target practice so that the bullets go in the direction of an inhabited house within range; pointing a pistol in jest at another and pulling the trigger, believing, but without taking reasonable precautions to ascertain, that it would not be dangerous; and carelessly leaving poisons or dangerous drugs where they may endanger life.
(ii) Legal duty required. When there is no legal duty to act there can be no neglect. Thus, when a stranger makes no effort to save a drowning person, or a person allows a beggar to freeze or starve to death, no crime is committed.
(b) Offense directly affecting the person. An “offense directly affecting the person” means an offense affecting some particular person as distinguished from an offense affecting society in general. Among offenses directly affecting the person are the various types of assault, battery, false imprisonment, voluntary engagement in an affray, and maiming.
(c) When committed upon a child under 16 years of age. The maximum punishment is increased when involuntary manslaughter is committed upon a child under 16 years of age. The accused’s knowledge that the child was under 16 years of age at the time of the offense is not required for the increased maximum punishment.
(d) Maximum punishment.
(1) Voluntary manslaughter. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.
(2) Involuntary manslaughter. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.
(3) Voluntary manslaughter of a child under 16 years of age. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.
(4) Involuntary manslaughter of a child under 16 years of age. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.
(e) Sample specification.
(1) Voluntary manslaughter. In that _________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 ___, willfully and unlawfully kill ___________, (a child under 16 years of age) by ___________ (him) (her) (in) (on) the ____________ with a __________.
(2) Involuntary manslaughter. In that _________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 ___, (by culpable negligence) (while (perpetrating) (attempting to perpetrate) an offense directly affecting the person of __________, to wit: (maiming) (a battery) (_______)) unlawfully kill ___________, (a child under 16 years of age) by ___________ (him) (her) (in) (on) the ____________ with a __________.
Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

NOTE 1. About this instruction. The following instruction should not be given when instructing on voluntary manslaughter as a lesser included offense. For the proper instruction in that case, see the Article 118 instructions.
NOTE 2. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment

(1) When committed upon a child under 16 years of age: DD, TF, 20 yrs, E-1. (Category 4)

(2) All other cases: DD, TF, 15 years, E-1. (Category 4)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board--location), on or about __________, willfully and unlawfully kill __________, (a child under 16 years of age) by __________ (him) (her) (in) (on) the __________ with a __________.

Elements

(1) That (state the name or description of the alleged victim) is dead;

(2) That (his) (her) death resulted from the (act) (omission) of the accused in (state the act or omission alleged) at (state the time and place alleged);

(3) That the killing of (state the name or description of the alleged victim) by the accused was unlawful; (and)

(4) That, at the time of the killing, the accused had the intent to kill or inflict great bodily harm upon (state the name or description of the alleged victim); [and].

[(5)] That (state the name or description of the alleged victim) was a child under the age of 16 years.

Definitions & other instructions

Killing a human being is unlawful when done without legal justification or excuse.

NOTE 3. Sudden passion not an element. When voluntary manslaughter is the charged offense, the existence of sudden passion caused by adequate provocation is not an element. The following instruction may be appropriate:

The offense of voluntary manslaughter is committed when a person, with intent to kill or inflict great bodily harm, unlawfully kills a human being in the heat of sudden passion caused by adequate provocation.

Heat of passion may result from fear or rage. A person may be provoked to such an extent that in the heat of sudden passion caused by the provocation, although not in necessary defense of life or to prevent bodily harm, a fatal blow may be struck before self-control has returned. Proof that the accused was acting in the heat of passion caused by adequate provocation is not required. It is essential, however, that the (four) (five) elements I have listed for you be proved beyond a reasonable doubt before the accused can be convicted of voluntary manslaughter.

NOTE 4. Capacity to form the specific intent. Instruction 6-5, Partial Mental Responsibility, Instruction 5-15, Evidence Negating Mens Rea, and Instruction 5-21, Voluntary Intoxication, may be applicable as bearing upon the capacity of the accused to formulate the specific intent required for voluntary manslaughter. If such capacity is in issue, instructions must be given on involuntary manslaughter and other lesser included offenses that may be raised by the entire evidence in the case.
NOTE 5. Transferred intent. When the issue of transferred intent is raised by the evidence, the following instruction should be given:

When an individual with intent to kill or inflict great bodily harm attempts unlawfully to kill or to inflict great bodily harm upon a person (while in the heat of sudden passion caused by adequate provocation), but, by mistake or inadvertence, kills another person, the individual is still criminally responsible for the killing with the intent to kill or inflict great bodily harm because the intent is transferred from the intended victim of (his) (her) action to the actual victim. If you are satisfied beyond a reasonable doubt that the victim is dead and that his/her death resulted from the unlawful (act) (failure to act) of the accused in (state the act or failure to act alleged) with intent to kill or inflict great bodily harm upon (state the name or description of the individual other than the victim) you may still find the accused guilty of the voluntary manslaughter of (state the name or description of the alleged victim).

NOTE 6. Accused’s knowledge of child’s age. When the alleged victim is a child under the age of 16 years, provide the following instruction:

Knowledge that (state the name or description of the alleged victim) was under the age of 16 years is not an element of the offense.

Accordingly, if you are convinced beyond a reasonable doubt that (state the name of the alleged victim) was under the age of 16 years at the time of the alleged offense, you are advised that the prosecution is not required to prove that the accused knew that (state the name of the alleged victim) was under the age of 16 years at the time of the alleged offense, and it is not a defense to voluntary manslaughter upon a child even if the accused reasonably believed that (state the name of the alleged victim) was at least 16 years old.

NOTE 7. Causation. If an issue is raised regarding whether the act or failure to act on the part of the accused caused the death of the victim, it would ordinarily be necessary to instruct on lesser included offenses not involving death of the victim, e.g., aggravated assault. Also see Instruction 5-5, Causation (Lack of), Intervening Cause, or Contributory Negligence.
NOTE 8. Brain death instruction. The military standard for death includes brain death. An individual is dead who has sustained either: (1) irreversible cessation of spontaneous respiration and circulatory functions, or (2) irreversible cessation of all functions of the brain, including the brain stem. See US v. Gomez, 15 MJ 954 (ACMR 1983); US v. Jefferson, 22 MJ 315 (CMA 1986); and US v. Taylor, 44 MJ 254 (CAAF 1996). Instruction 7-24, Brain Death, may be adapted for this circumstance.
NOTE 9. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.
Source: Instruction 3a-57-1 · view original on jagcnet.army.mil

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment

(1) When committed upon a child under 16 years of age: DD, TF, 15 years, E-1. (Category 3)

(2) All other cases: DD, TF, 10 years, E-1. (Category 3)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board--location), on or about __________, by culpable negligence, unlawfully kill __________ (a child under 16 years of age) by __________ (him) (her) (in) (on) the __________ with a __________.

Elements

(1) That (state the name or description of the alleged victim) is dead;

(2) That (his) (her) death resulted from the (act) (omission) of the accused in (state the act or omission alleged) at (state the time and place alleged);

(3) That the killing of (state the name or description of the alleged victim) by the accused was unlawful; (and)

(4) That this (act) (omission) constituted culpable negligence; [and]

[(5)] That (state the name or description of the alleged victim) was a child under the age of 16 years.

Definitions & other instructions

Killing a human being is unlawful when done without legal justification or excuse.

“Culpable negligence” is a degree of carelessness greater than simple negligence. ‘Simple negligence” is the absence of due care. The law requires everyone at all times to demonstrate the care for the safety of others that a reasonably careful person would demonstrate under the same or similar circumstances; this is what “due care” means. “Culpable negligence” is a negligent act or failure to act accompanied by a gross, reckless, wanton, or deliberate disregard for the foreseeable results to others.

You may find the accused guilty of involuntary manslaughter, only if you are satisfied beyond a reasonable doubt that the (act) (omission) of the accused which caused the death amounted to “culpable negligence.”

NOTE 2. Proximate cause in issue. Use an appropriately tailored version of Instruction 5-5, Causation (Lack of), Intervening Cause, or Contributory Negligence, to instruct on proximate cause.
NOTE 3. Contributory negligence of victim. Use an appropriately tailored version of Instruction 5-5, Causation (Lack of), Intervening Cause, or Contributory Negligence, to instruct on contributory negligence, if applicable.
NOTE 4. Accused’s knowledge of child’s age. When the alleged victim is a child under the age of 16 years, provide the following instruction:

Knowledge that (state the name or description of the alleged victim) was under the age of 16 years is not an element of the offense.

Accordingly, if you are convinced beyond a reasonable doubt that (state the name of the alleged victim) was under the age of 16 years at the time of the alleged offense, you are advised that the prosecution is not required to prove that the accused knew that (state the name of the alleged victim) was under the age of 16 years at the time of the alleged offense, and it is not a defense to involuntary manslaughter upon a child even if the accused reasonably believed that (state the name of the alleged victim) was at least 16 years old.

NOTE 5. Brain death instruction. The military standard for death includes brain death. An individual is dead who has sustained either: (1) irreversible cessation of spontaneous respiration and circulatory functions, or (2) irreversible cessation of all functions of the brain, including the brain stem. See US v. Gomez, 15 MJ 954 (ACMR 1983); US v. Jefferson, 22 MJ 315 (CMA 1986); and US v. Taylor, 44 MJ 254 (CAAF 1996). Instruction 7-24, Brain Death, may be adapted for this circumstance.
NOTE 6. Legal Duty Required. When the evidence raises the question of whether the accused had a duty of care, the following instruction should be given

When there is no legal duty to act, there can be no neglect and therefore no duty no crime is committed. (For example, when a stranger makes no effort to save a drowning person, or a person allows a beggar to freeze or starve to death, they are not culpably negligent in allowing this to happen).

Source: Instruction 3a-57-2 · view original on jagcnet.army.mil

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment

(1) When committed upon a child under 16 years of age: DD, TF, 15 years, E-1. (Category 3)

(2) All other cases: DD, TF, 10 years, E-1. (Category 3)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board--location), on or about __________, while (perpetrating) (attempting to perpetrate) an offense directly affecting the person of __________, to wit: (maiming) (a battery) (__________) unlawfully kill __________ (a child under 16 years of age) by __________ (him) (her) (in) (on) the __________ with a __________.

Elements

(1) That (state the name or description of the alleged victim) is dead;

(2) That (his) (her) death resulted from the (act) (omission) of the accused in (state the act or omission alleged) at (state the time and place alleged);

(3) That the killing of (state the name or description of the alleged victim) by the accused was unlawful; (and)

(4) That, at the time of the killing, the accused was perpetrating the (attempted) commission of the offense of (assault) (battery) (false imprisonment) (maiming) (__________) directly affecting the person of (state the name or description of the alleged victim); [and].

[(5)] That (state the name or description of the alleged victim) was a child under the age of 16 years.

Definitions & other instructions

The killing of a human being is unlawful when done without legal justification or excuse.

An “offense directly affecting the person” means an offense affecting some particular person as distinguished from an offense affecting society in general.

To find that the accused was participating in the (attempted) commission of the offense of (assault) (battery) (false imprisonment) (maiming) (__________), you must be satisfied by legal and competent evidence beyond a reasonable doubt:

NOTE 2. Elements of offense directly affecting the person. The military judge should list the elements of the offense alleged to have been perpetrated or attempted. The statement should be based upon the pertinent instruction that lists the elements of the offense, but should be tailored to serve the purpose for which the statement is intended. When the offense committed is an attempted perpetration, the military judge should refer to Instruction 3a-4-1, Attempts, which will prove helpful in drafting the instructions at hand. Note that the phrase “directly affecting the person” does not include 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.
NOTE 3. Causation. If an issue arises as to the lack of a relationship between the offense directly affecting the person and the death, the members may be instructed substantially as follows. See also Instruction 5-5, Causation (Lack of), Intervening Cause, or Contributory Negligence.

To find whether the killing, if any, was committed while the accused (was participating in) (attempted) (state the offense directly affecting the victim), you must find beyond a reasonable doubt that an act of the accused which caused the victim’s death and the (state the offense alleged to have been perpetrated or attempted) occurred at substantially the same time and place. Additionally, you must find a causal connection between the commission of the (attempted) offense of (state the offense alleged to have been perpetrated or attempted) and the act which caused the victim’s death.

NOTE 4. Accused’s knowledge of child’s age. When the alleged victim is a child under the age of 16 years, provide the following instruction:

Knowledge that (state the name or description of the alleged victim) was under the age of 16 years is not an element of the offense.

Accordingly, if you are convinced beyond a reasonable doubt that (state the name of the alleged victim) was under the age of 16 years at the time of the alleged offense, you are advised that the prosecution is not required to prove that the accused knew that (state the name of the alleged victim) was under the age of 16 years at the time of the alleged offense, and it is not a defense to involuntary manslaughter upon a child even if the accused reasonably believed that (state the name of the alleged victim) was at least 16 years old.

NOTE 5. Brain death instruction. The military standard for death includes brain death. An individual is dead who has sustained either: (1) irreversible cessation of spontaneous respiration and circulatory functions, or (2) irreversible cessation of all functions of the brain, including the brain stem. See US v. Gomez, 15 MJ 954 (ACMR 1983); US v. Jefferson, 22 MJ 315 (CMA 1986); and US v. Taylor, 44 MJ 254 (CAAF 1996). Instruction 7-24, Brain Death, may be adapted for this circumstance.
Source: Instruction 3a-57-3 · view original on jagcnet.army.mil