10 U.S.C. § 919a

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

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(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 sections 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 sections 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.(Added Pub. L. 108–212, § 3(a), Apr. 1, 2004, 118 Stat. 569; amended Pub. L. 114–328, div. E, title LX, § 5401(13)(B), Dec. 23, 2016, 130 Stat. 2939; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(N), Dec. 12, 2017, 131 Stat. 1598.)Editorial NotesAmendments

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 SubsidiariesEffective Date of 2017 Amendment

Amendment 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 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.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2011–2021 · leading case: Straw v. United States

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Straw v. United States (2017) cafc “, 10 U.S.C. § 919a (a)(1). But a duty imposed by federal law not to harm service members and their families, at best, can only be construed as a contract implied-in-law.”

United States v. Boie (2011) afcca · cites it 2× “00, arson, and assault consummated by a battery, in violation of Articles 119a, 121,126, and 128, UCMJ, 10 U.S.C. §§ 919a, 921, 926, 928. The adjudged sentence consisted of a dishonorable discharge, nine and one-half years confinement, total forfeiture of all pay and allowances…”

United States v. Kubiack (2020) afcca “Specifically, in addition to the offenses already men- tioned, Appellant was initially charged with child endangerment, in violation of Article 119a, UCMJ, 10 U.S.C. § 919a. The charge sheet correctly reflects this charge.”

United States v. Bonior (2020) afcca “See United 1 Pursuant to the PTA, Appellant pleaded not guilty to one specification of manslaugh- ter in violation of Article 119a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 919a, but pleaded guilty to and subsequently was found guilty of the lesser included offense…”

United States v. Wilson (2021) afcca “§ 918 , and one specification of intentionally causing the death of an unborn child in violation of Article 119a, UCMJ, 10 U.S.C. § 919a. 1 The court-martial sentenced Appellant to a dishonorable discharge, confinement for life without eligibility for parole, forfeiture of all…”

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