Summary of changes
Article 134 — Homicide, negligent
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
12 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
103.a.
unchanged
Original text
Text of statute.
See paragraph 91 .
Current text
Text of statute.
See paragraph 91 .
103.b.
unchanged
Original text
Elements.
Current text
Elements.
103.b.(1)
unchanged
Original text
That a certain person is dead;
Current text
That a certain person is dead;
103.b.(2)
unchanged
Original text
That this death resulted from the act or failure to act of the accused;
Current text
That this death resulted from the act or failure to act of the accused;
103.b.(3)
unchanged
Original text
That the killing by the accused was unlawful;
Current text
That the killing by the accused was unlawful;
103.b.(4)
unchanged
Original text
That the act or failure to act of the accused which caused the death amounted to simple negligence; and
Current text
That the act or failure to act of the accused which caused the death amounted to simple negligence; and
103.b.(5)
unchanged
Original text
That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.
Current text
That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.
103.c.
unchanged
Original text
Explanation.
Current text
Explanation.
103.c.(1)
unchanged
Original text
Nature of offense.
Negligent homicide is any unlawful homicide which is the result of simple negligence. An intent to kill or injure is not required.
Current text
Nature of offense.
Negligent homicide is any unlawful homicide which is the result of simple negligence. An intent to kill or injure is not required.
103.c.(2)
unchanged
Original text
Simple negligence.
Simple negligence is the absence of due care, that is, an act or omission of a person who is under a duty to use due care which exhibits a lack of that degree of care of the safety of others which a reasonably careful person would have exercised under the same or similar circumstances. Simple negligence is a lesser degree of carelessness than culpable negligence. See subparagraph 57.c.(2)(a).
Current text
Simple negligence.
Simple negligence is the absence of due care, that is, an act or omission of a person who is under a duty to use due care which exhibits a lack of that degree of care of the safety of others which a reasonably careful person would have exercised under the same or similar circumstances. Simple negligence is a lesser degree of carelessness than culpable negligence. See subparagraph 57.c.(2)(a).
103.d.
unchanged
Original text
Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
Current text
Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
103.e.
unchanged
Original text
Sample specification.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, unlawfully kill _____, (by negligently _____ the said _____ (in) (on) the _____ with a _____) (by driving a (motor vehicle) (_____) against the said _____ in a negligent manner) (_____), and that said conduct was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and was of a nature to bring discredit upon the armed forces).
Current text
Sample specification.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, unlawfully kill _____, (by negligently _____ the said _____ (in) (on) the _____ with a _____) (by driving a (motor vehicle) (_____) against the said _____ in a negligent manner) (_____), and that said conduct was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and was of a nature to bring discredit upon the armed forces).
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.