10 U.S.C. § 918
Section 918 · Art. 118. Murder
Amended 7 times on record
Applied in 407 court decisions — leading case United States v. MacDonald (1982)
Most recently applied in United States v. Master Sergeant TIMOTHY B. HENNIS (October 2016)
Cases citing this section usually also cite 10 U.S.C. § 866 · 10 U.S.C. § 919 · 10 U.S.C. § 831
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Any person subject to this chapter who, without justification or excuse, unlawfully kills a human being, when such person—
has a premeditated design to kill;
intends to kill or inflict great bodily harm;
is engaged in an act which is inherently dangerous to another and evinces a wanton disregard of human life; or
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).
Editorial notes U.S. Code · Office of the Law Revision Counsel
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
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 Subsidiaries
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.
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.