Any person subject to Chapter 20 NMSA 1978 who, without justification or excuse, unlawfully kills a human being, when he:
A. has a premeditated design to kill;
B. intends to kill or inflict great bodily harm;
C. is engaged in an act which is inherently dangerous to others and evinces a wanton disregard of human life; or
D. is engaged in the perpetration or attempted perpetration of burglary, sodomy, rape, robbery or aggravated arson;
is guilty of murder, and shall suffer punishment as a court-martial may direct, except that if found guilty under Subsection A or D of this section, he shall suffer death or imprisonment for life as a court-martial may direct.