§919a — Title 10 Armed Forces | U.S. Code

Summary

People under military law who commit certain crimes and, because of that conduct, kill or hurt a child in the womb are guilty of a separate offense. A court-martial will punish that offense in a way that matches the punishment that would apply if the same harm had happened to the pregnant woman, but the death penalty cannot be used. The government does not have to prove the person knew the victim was pregnant or meant to harm the unborn child. If the person intentionally kills or tries to kill the unborn child, they are punished instead under the murder/attempt rules in sections 880, 918, and 919(a) (articles 80, 118, and 119(a)). The rule applies to the crimes listed in subsection (b) (articles 118, 119(a), 119(b)(2), 120(a), 122, 126, 128, and 128a). This law does not allow charges for abortions done with the pregnant woman’s consent or implied consent, for medical care of the woman or the unborn child, or against the pregnant woman for her own unborn child. "Unborn child" means any human being in the womb at any stage of development.

Title 10, §919a

Armed Forces — Source: USLM XML via OLRC

(a)(1)Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365 of title 18) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section and shall, upon conviction, be punished by such punishment, other than death, as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for that conduct had that injury or death occurred to the unborn child’s mother.

(2)An offense under this section does not require proof that—

(i)the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or

(ii)the accused intended to cause the death of, or bodily injury to, the unborn child.

(3)If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall, instead of being punished under paragraph (1), be punished as provided under section 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 law, the death penalty shall not be imposed for an offense under this section.

(b)The provisions referred to in subsection (a) are section 918, 919(a), 919(b)(2), 920(a), 922, 926, 928, and 928a of this title (articles 118, 119(a), 119(b)(2), 120(a), 122, 126, 128, and 128a).

(c)Nothing in this section shall be construed to permit the prosecution—

(1)of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;

(2)of any person for any medical treatment of the pregnant woman or her unborn child; or

(3)of any woman with respect to her unborn child.

(d)In this section, the term “unborn child” means a child in utero, and the term “child in utero” or “child, who is in utero” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2017—Subsec. (b). Pub. L. 115–91 substituted “926, 928, and 928a” for “928a, 926, and 928” and “126, 128, and 128a” for “128a 126, and 128”. 2016—Subsec. (b). Pub. L. 114–328 substituted “928a,” for “924,” and “128a” for “124,”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the

Amendments

made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

Effective Date

of 2016 AmendmentAmendment 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.

§919a Art. 119a. Death or injury of an unborn child

Summary

Title 10, §919a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Regulations

Citations & Metadata