§918. Art. 118. Murder
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).
( Aug. 10, 1956, ch. 1041 , 70A Stat. 72 ; Pub. L. 102-484, div. A, title X, § 1066(b) , Oct. 23, 1992 , 106 Stat. 2506 ; Pub. L. 109-163, div. A, title V, § 552(d) , Jan. 6, 2006 , 119 Stat. 3263 ; Pub. L. 112-81, div. A, title V, § 541(d)(2) , Dec. 31, 2011 , 125 Stat. 1410 ; Pub. L. 113-291, div. A, title V, § 531(d)(2)(B) , Dec. 19, 2014 , 128 Stat. 3364 ; Pub. L. 114-328, div. E, title LX, § 5428 , Dec. 23, 2016 , 130 Stat. 2949 ; Pub. L. 118-31, div. A, title V, § 531(a) , Dec. 22, 2023 , 137 Stat. 257 .)
Historical and Revision Notes
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
918 | 50:712. | May 5, 1950, ch. 169, § 1 (Art. 118), 64 Stat. 140. |
The words “of this section” are omitted as surplusage.
Editorial Notes
Amendments
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 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.
Effective Date of 2011 Amendment
Amendment by Pub. L. 112-81 effective 180 days after Dec. 31, 2011, 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 Oct. 1, 2007, 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 Oct. 23, 1992, 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.