# § 918. Art. 118. Murder
Any person subject to this chapter who, without justification or excuse, unlawfully kills a human being, when such person—
**(1)** has a premeditated design to kill;
**(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), 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).
---
**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 72; Pub. L. 102–484, div. A, title X, § 1066(b), Oct. 23, 1992, 106 Stat. 2506; Pub. L. 109–163, div. A, title V, § 552(d), Jan. 6, 2006, 119 Stat. 3263; Pub. L. 112–81, div. A, title V, § 541(d)(2), Dec. 31, 2011, 125 Stat. 1410; Pub. L. 113–291, div. A, title V, § 531(d)(2)(B), Dec. 19, 2014, 128 Stat. 3364; Pub. L. 114–328, div. E, title LX, § 5428, Dec. 23, 2016, 130 Stat. 2949; Pub. L. 118–31, div. A, title V, § 531(a), Dec. 22, 2023, 137 Stat. 257.)
| 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— 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 (article 53a).” for “ direct.” in concluding provisions.
2016—Par. (4). struck out “forcible sodomy,” after “burglary,”.
2014—Par. (4). substituted “forcible sodomy” for “sodomy”.
2011—Par. (4). 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). 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). substituted “another” for “others”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2016 Amendment
Amendment by effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see and Ex. Ord. No. 13825, set out as notes under .
### Effective Date of 2011 Amendment
Amendment by effective 180 days after , and applicable with respect to offenses committed on or after such effective date, see , set out as a note under .
### Effective Date of 2006 Amendment
Amendment by effective on , see , set out as a note under .
### Effective Date of 1992 Amendment
Amendment by effective , and applicable with respect to offenses committed on or after that date, see , set out as a note under .