U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER X— PUNITIVE ARTICLES

10 U.S.C. § 918

Art. 118. Murder

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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 NotesAmendments

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 SubsidiariesEffective 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.

Notes of Decisions
Cited in 516 cases (30 in the last 5 years), 1957–2026 · leading case: Loving v. United States, 517 U.S. 748 (1996).
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Loving v. United States, 517 U.S. 748 (1996). · cites it 6× “After a trial, an eight-member general court-martial found Loving guilty of, among other offenses, premeditated murder and felony murder under Article 118 of the Uniform Code of Military Justice (UCMJ), 10 U. S. C. §§ 918 (1), (4). In the sentencing phase of the trial, the…”
Davis v. United States, 512 U.S. 452 (1994). · cites it 2× “118, UCMJ, 10 U. S. C. § 918 . He was sentenced to confinement for life, a dishonorable discharge, forfeiture of all pay and allowances, and a reduction to the lowest pay grade.”
Fairchild v. State, 1999 OK CR 49 (Okla. Crim. App. 2000). · cites it 6× “118, 10 U.S.C. § 918 (4)]? . . . . Suppose I drop a gun during a holdup.”
United States v. MacDonald, 456 U.S. 1 (1982). · cites it 2× “On May 1, 1970, the Army formally charged MacDonald with three specifications of murder, in violation of Article 118 of *13 the Uniform Code of Military Justice, 10 U. S. C. § 918 . The Army conducted a lengthy hearing during which 56 witnesses testified.”
Schick v. Reed, 419 U.S. 256 (1974). · cites it 6× “118 of the Uniform Code of Military Justice, 10 U. S. C. § 918 . The conviction and sentence were affirmed by an Army Board of Review and, following a remand for consideration of additional psychiatric reports, by the Court of Military Appeals.”
Abshier v. State, 2001 OK CR 13 (Okla. Crim. App. 2001). · cites it 4× “One (under 10 U.S.C. § 918 (1)) was premeditated murder, and one (under 10 U.”
Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “§ 906a (peacetime espionage); 10 U. S. C. § 918 (murder while member of Armed Forces); 18 U.”
Loving v. United States, 62 M.J. 235 (C.A.A.F. 2005). · cites it 2× “UCMJ, 10 U.S.C. § 918 (4)(2000). 16 . Loving v.”
United States v. Roa, 12 M.J. 210 (1982). · cites it 5× “fense with a bill of particulars which stated two theories of liability for the charged offenses: (a) “that the accused attempted to murder the stated victims by engaging in an act which was inherently dangerous to others and evinced a wanton disregard of human life,” trial…”
United States v. Riley, 55 M.J. 185 (C.A.A.F. 2001). · cites it 4× “A general court-martial composed of officer and enlisted members convicted Airman Riley (appellee) of unpremeditated murder of her newborn baby, in violation of Article 118, Uniform Code of Military Justice, 10 USC § 918 . The adjudged and approved sentence imposed a…”
United States v. Matthews, 16 M.J. 354 (1983). · cites it 3× “I Statement of Facts On March 2,1979, charges were preferred against appellant for the premeditated murder and rape of Phyllis Jean Villanueva three days earlier at an American military installation in the Federal Republic of Germany, in violation of Articles 118 and 120, UCMJ,…”
United States v. Behenna, 71 M.J. 228 (C.A.A.F. 2012). · cites it 2× “Contrary to Appellant’s pleas, a general court-martial with members found Appellant guilty of unpremeditated murder and assault in violation of Articles 118 and 128, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 918 , 928 (2006). 2 United States v.”
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