Page 537 - Trump Executive Orders 2017-2021

10240 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

murder. Under these circumstances it is not a defense that the killing was unintended or
accidental.
(b) Separate offenses. 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 may be charged separately from the homicide.
d. Maximum punishment.
(1) Article 118(1) or (4)-death. Mandatory minimum-imprisonment for life with the
eligibility for parole.
(2) Article 118(2) or (3)-such punishment other than death as a court-martial may direct.
e. Sample specification.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction data, if required), on or about 20_, (with premeditation)
(while (perpetrating) (attempting to perpetrate) ) murder by
means of(shooting (him) (her) "\\<1th a rifle), ____
,
57. Article 119 (10 U.S.C. 919)-Manslaughter
a. Text (?{statute.
(a) Any person subject to this chapter who, with an intent to kill or inflict great
bodily harm, unlawfully kills a human being in the heat of sudden passion caused by
adequate provocation is guilty of voluntary manslaughter and shall be punished as a court-
martial may direct.
(b) Any person subject to this chapter who, without an intent to kill or inflict great
bodily harm, unlawfully kills a human being-
( 1) by culpable negligence; or
(2) while perpetrating or attempting to perpetrate an offense, other than
those named in clause ( 4) of section 918 of this title (article 118), directly affecting the
person;
is guilty of involuntary manslaughter and shall be punished as a court-martial may direct.
b. Elements.
(1) Voluntary manslaughter.
(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 the person killed.
[Note: Add the following if applicable]
(e) That the person killed was a child under the age of 16 years.
(2) Involuntary manslaughter.
(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 this act or omission of the accused constituted culpable negligence, or occurred
while the accused was perpetrating or attempting to perpetrate an offense directly affecting the
person other than 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.
sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00354 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.356</GPH>
[Note: Add the following if applicable]

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