Public Law 119-73 (01/23/2026)

10 U.S.C. § 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;
section 853a of this titleis 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 (article 53a).

Aug. 10, 1956, ch. 104170A Stat. 72Pub. L. 102–484, div. A, title X, § 1066(b)106 Stat. 2506Pub. L. 109–163, div. A, title V, § 552(d)119 Stat. 3263Pub. L. 112–81, div. A, title V, § 541(d)(2)125 Stat. 1410Pub. L. 113–291, div. A, title V, § 531(d)(2)(B)128 Stat. 3364Pub. L. 114–328, div. E, title LX, § 5428130 Stat. 2949Pub. L. 118–31, div. A, title V, § 531(a)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 Notes

Amendments

Pub. L. 118–31section 853a of this title2023— 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 (article 53a).” for “ direct.” in concluding provisions.

Pub. L. 114–3282016—Par. (4). struck out “forcible sodomy,” after “burglary,”.

Pub. L. 113–2912014—Par. (4). substituted “forcible sodomy” for “sodomy”.

Pub. L. 112–812011—Par. (4). 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,”.

Pub. L. 109–1632006—Par. (4). 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,”.

Pub. L. 102–4841992—Par. (3). substituted “another” for “others”.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Pub. L. 114–328section 5542 of Pub. L. 114–328section 801 of this titleAmendment by effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see and Ex. Ord. No. 13825, set out as notes under .

Effective Date of 2011 Amendment

Pub. L. 112–81section 541(f) of Pub. L. 112–81section 843 of this titleAmendment by effective 180 days after , and applicable with respect to offenses committed on or after such effective date, see , set out as a note under .

Effective Date of 2006 Amendment

Pub. L. 109–163section 552(f) of Pub. L. 109–163section 843 of this titleAmendment by effective on , see , set out as a note under .

Effective Date of 1992 Amendment

Pub. L. 102–484section 1067 of Pub. L. 102–484section 803 of this titleAmendment by effective , and applicable with respect to offenses committed on or after that date, see , set out as a note under .