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Title 10, Armed ForcesRelease 119-110

§918 Art. 118. Murder

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 47 — UNIFORM CODE OF MILITARY JUSTICE › SUBCHAPTER X — PUNITIVE ARTICLES › § 918

Last updated Sep 22, 2026|Official source

Summary

Anyone under this chapter who, without justification or excuse, unlawfully kills another person must be guilty of murder if the killing was preplanned to cause death; was done with intent to kill or cause serious physical harm; happened during an act that was extremely dangerous and showed a total disregard for human life; or took place while committing or trying to commit certain violent crimes (burglary, rape including rape of a child, sexual assault including sexual assault of a child, aggravated sexual contact, sexual abuse of a child, robbery, or aggravated arson). A court-martial decides the punishment. If convicted under clause (1) or (4), the penalty may be death or life imprisonment unless the sentence follows a plea agreement under section 853a (article 53a).

Full Legal Text

Title 10, §918

Armed Forces, Source: USLM XML via OLRC

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).

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 91850:712.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 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.

Effective Date

of 2011 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 918

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110