Page 535 - Trump Executive Orders 2017-2021

10238 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(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), he shall suffer death or imprisonment for life as
a court-martial may direct.
b. Elements.
(I) Premeditated murder.
(a) That a certain named or described person is dead;
(b) That the death resulted from the act or omission of the accused;
(c) That the killing was unlawful; and
(d) That, at the time of the killing, the accused had a premeditated design to kill.
(2) lnlent to kill or it!flicf great bodily harm.
(a) That a certain named or described person is dead;
(b) That the death resulted from the act or omission of the accused;
(c) That the killing was unlawful; and
(d) That, at the time of the killing, the accused had the intent to kill or inflict great bodily
harm upon a person.
(3) Act inherently dangerous to another.
(a) That a certain named or described person is dead;
(b) That the death resulted from the intentional act of the accused;
(c) That this act was inherently dangerous to another and showed a wanton disregard for
human life;
(d) That the accused knew that death or great bodily hann was a probable consequence of
the act; and
(e) That the killing was unlawful.
(4) During certain offenses.
(a) That a certain named or described person is dead;
(b) That the death resulted from the act or omission of the accused;
(c) That the killing was unlawful; and
(d) That, at the time of the killing, the accused was 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.
c. Explanation.
(I) In general. Killing a human being is unlawful when done without justification or excuse.
See R.C.M. 916. Whether an unlawful killing constitutes murder or a lesser offense depends
upon the circumstances. The offense is committed at the place of the act or omission although
the victim may have died elsewhere. Whether death occurs at the time of the accused's act or
omission, or at some time thereafter, it must have followed from an injury received by the victim
which resulted from the act or omission.
(2) Premeditated murder.
(a) Premeditation. A murder is not premeditated unless the thought of taking life was
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consciously conceived and the act or omission by which it was taken was intended. Premeditated

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