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United States Code Title 10 — Armed Forces

§ 918. Art. 118. Murder

§ 918.

Art. 118. Murder

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).