Subchapter X · Punitive Articles
Article 118. Murder
2024 Manual for Courts-Martial, United States
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This is a punitive article. Its elements, explanation, maximum punishment,
and sample specifications are in the Manual's Part IV.
Read Article 118 in the Punitive Articles →
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Provisions elsewhere in the Manual whose text cites Article 118. Each link opens the citing provision.
Rules for Courts-Martial
The particular subdivision of an article of the UCMJ (for example, Article 118(1)) should not be included in the charge. When there are numerous infractions of the same article, there will…
…agreement for a term of imprisonment less than life, with the eligibility for parole, for convictions under Article 118(1) and 118(4). See Article 56 and R.C.M. 1003.
R.C.M. 1004(c)(1) — Capital cases
…or in the presence of the enemy, except that this factor shall not apply in the case of a violation of Article 118;
R.C.M. 1004(c)(3) — Capital cases
…whether the accused intended such damage, except that this factor shall not apply in case of a violation of Article 118;
R.C.M. 1004(c)(6) — Capital cases
That, only in the case of a violation of Article 118, the offense was committed in time of war and in territory in which the United States or an ally of the…
That, only in the case of a violation of Article 118(1)—
R.C.M. 1004(c)(7)(J) — Capital cases
The accused has been found guilty in the same case of another violation of Article 118;
That, only in the case of a violation of Article 118(4), the accused was the actual perpetrator of the killing or was a principal whose participation in the…
UCMJ Punitive Articles
Article 79, ¶ 3.b.(6) — Conviction of offense charged, Lesser included offenses, and attempts
…appropriate to the lesser included offense. For example, the accused is charged with murder in violation of Article 118, but found guilty of voluntary manslaughter in violation of Article 119. Such a finding may be worded as…
Article 119, ¶ 57.a.(b)(2) — Manslaughter
…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;
Article 119a, ¶ 58.a. — Death or injury of an unborn child
…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 intentionally killing or attempting to kill a human being. (4) Notwithstanding any other provision of…
Article 119a, ¶ 58.b.(1)(a) — Death or injury of an unborn child
That the accused was engaged in the [(murder (article 118)), (voluntary manslaughter (article 119(a))), (involuntary manslaughter (article 119(b)(2))), (rape (article…
Article 119a, ¶ 58.b.(2)(a) — Death or injury of an unborn child
That the accused was engaged in the [(murder (article 118)), (voluntary manslaughter (article 119(a))), (involuntary manslaughter (article 119(b)(2))), (rape (article…
Article 119a, ¶ 58.b.(3)(a) — Death or injury of an unborn child
That the accused was engaged in the [(murder (article 118)), (voluntary manslaughter (article 119(a))), (involuntary manslaughter (article 119(b)(2))), (rape (article…
Article 119a, ¶ 58.b.(4)(a) — Death or injury of an unborn child
That the accused was engaged in the [(murder (article 118)), (voluntary manslaughter (article 119(a))), (involuntary manslaughter (article 119(b)(2))), (rape (article…
Article 119a, ¶ 58.c.(1) — Death or injury of an unborn child
…cause the death of or bodily injury to an unborn child while engaged in arson (article 126, UCMJ); murder (article 118, UCMJ); voluntary manslaughter (article 119(a), UCMJ); involuntary manslaughter (article 119(b)(2), UCMJ);…
Article 128b, ¶ 78a.c.(1)(a) — Domestic Violence
10 U.S.C. § 918 (article 118)
Practice Note under Article 129, ¶ 79.b.(1)(b) — Burglary; unlawful entry
…to commit an offense punishable under sections 918-920, 920b-921, 922, 925-928a, and 930 of this title (Article 118-120, 120b-121, 122, 125-128a, and 130), add the following element:]
Article 129, ¶ 79.b.(1)(c) — Burglary; unlawful entry
That the breaking and entering were with the intent to commit an offense punishable under Article 118-120, 120b-121, 122, 125-128a, and 130.
Article 129, ¶ 79.d.(1) — Burglary; unlawful entry
Burglary (with the intent to commit an offense punishable under Article 118-120, 120b-121, 122, 125- 128a, or 130). Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.
Article 134, ¶ 91.c.(5)(a) — General article
Preemption doctrine. The preemption doctrine prohibits application of Article 134 to conduct covered by Articles 80 through 132. For example, larceny is covered in Article 121, and if an element of that offense is lacking—for example,…
Uniform Code of Military Justice
Art. 1(17)(A) — Definitions
an offense under section 917a (article 117a), section 918 (article 118), section 919 (article 119), section 919a (article 119a), section 920 (article 120), section 920a (article…
Art. 24a(d)(1)(A) — Special trial counsel
An offense under section 917a (article 117a), 918 (article 118), section 919 (article 119), section 919a (article 119a), section 920 (article 120), section 920a (article…
Art. 137(a)(3) — Articles to be explained
…to sections 802, 803, 807– 815, 825, 827, 831, 837, 838, 855, 877–934, and 937–939 of this title (articles 2, 3, 7–15, 25, 27, 31, 37, 38, 55, 77–134, and 137–139).