Page 539 - Trump Executive Orders 2017-2021

10242 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

accused's knowledge that the child was under 16 years of age at the time of the offense is not
required for the increased maximum punishment.
d. Maximum punishment.
(1) Voluntat}' manslaughter. Dishonorable discharge, forfeiture of all pay and allowances,
and confinement for 15 years.
(2) Involuntary manslaughter. Dishonorable discharge, forfeiture of all pay and allowances,
and confinement for 10 years.
(3) Voltmtat)l manslaughter of a child under 16 yem·s of age. Dishonorable discharge,
forfeiture of all pay and allowances, and confinement for 20 years.
( 4) Involuntary manslaughter of a child under 16 years of age. Dishonorable discharge,
forfeiture of all pay and allowances, and confinement for 15 years.
e. Sample spec{fication.
(1) ·voluntary manslaughter.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction data, if required), on or about 20 ___,willfully and unlawfully kill
_____ ,(a child under 16 years of age) by (him) (her) (in) (on) the
with a
----- --------
(2) lnvoluntar;.' manslaughter.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction data, if required), on or about __ 20 _,(by culpable negligence) (while
(perpetrating) (attempting to perpetrate) an offense directly affecting the person of ,
to wit: (maiming) (a battery) ( )) unlawfully kill (a child under 16 years of
age) by (him) (her) (in) (on) the with a ___ _

58. Article 119a (10 U.S.C. 919a)-Death or injury of an unborn child
a. Text (ifstatute.
(a)(1) Any person subject to this chapter who engages in conduct that violates any of
the provisions of law listed in subsection (b) and thereby causes the death of, or bodily
injury (as defined in section 1365 of title 18) to, a child, who is in utero at the time the
conduct takes place, is guilty of a separate offense under this section and shall, upon
conviction, be punished by such punishment, other than death, as a court-martial may
direct, which shall be consistent with the punishments prescribed by the President for that
conduct had that injury or death occurred to the unborn child's mother.
(2) An offense under this section does not require proof that-
(i) the person engaging in the conduct had knowledge or should have
had knowledge that the victim of the underlying offense was pregnant; or
(ii) the accused intended to cause the death of, or bodily injury to, the
unborn child.
(3) If the person engaging in the conduct thereby intentionally kiHs or
attempts to kill the unborn child, that person shall, instead of being punished under
paragraph (1 ), be punished as provided under sections 880, 918, and 919(a) of this title
(articles 80, 118, and 119(a)) for intentionally killing or attempting to kill a human being.
(4) Notwithstanding any other provision of law, the death penalty shall not be
imposed for an offense under this section.

sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00356 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.358</GPH>

337