§919a Art. 119a. Death or Injury of an Unborn Child

Summary

People under the military code who break certain listed criminal laws and, by their actions, cause the death of or bodily injury to a child in the womb can be charged with a separate offense. If convicted, a court-martial must punish them (but not with death) in a way that matches what the punishment would be if the victim had been the pregnant woman. The government does not have to prove the person knew the victim was pregnant or meant to hurt the unborn child. If the person intentionally kills or tries to kill the unborn child, they are punished instead under sections 880, 918, and 919(a) as for killing a human being. The death penalty cannot be used for this offense. No prosecution is allowed for an abortion with the pregnant woman’s consent (or lawful consent), for medical treatment of the woman or fetus, or against the pregnant woman for her unborn child. Definitions: “unborn child” = child in utero; “child in utero” = a human being at any stage carried in the womb. The rule applies when someone breaks the listed sections 918, 919(a), 919(b)(2), 920(a), 922, 926, 928, and 928a (articles 118, 119(a), 119(b)(2), 120(a), 122, 126, 128, and 128a).