UCMJ โ€“ United States Code of Military Justice


10. Punitive Articles

Any person subject to this chapter whom without justification or excuse, unlawfully kills a human being, when he- –

(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 others and evinces a wanton disregard of human life; or

(4) is engaged in the perpetration or attempted perpetration of burglary, sodomy, rape, 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.

14 Comments for this entry

  • Charles Courtnay

    According to this article of the UCMJ. Sodomy(Homosexuality)is punishable the same as murder and it carries the death penalty. When is the military going to start enforcing this article and convicting soldiers, sailors, airmen and marines of the crime of sodomy(homosexuality)?

    • Um, no

      When they kill someone during the act of sodomy or rape, that’s when. You might want to work on your reading comprehension.

    • J

      ha, sorry Charles. Don’t ask, don’t tell=repealed and no one would ever be put to death for this. It simply needs updated because it’s outdated, like your heart and mind.

    • Unhappywith Yourenglishit

      Also, regarding your post Charles, this law only says sodomy resulting in death is murder, not that the sodomy itself is illegal, so don’t get too rough with your buddies and you’ll be okay.

      ‘Perpetrate’ just means ‘Do’ or ‘commit’ so perpetrating sodomy doesn’t inherently make said sodomy akin to murder or even a crime according to this law (though there may be other laws relating to sodomy).

    • Ron sturdy

      Read again

    • jay

      You misread it Charles. I know you have a hard on to kill gays, but… The article states:

      Any person subject to this chapter whom without justification or excuse, unlawfully KILLS a human being, when he- โ€“ is engaged in the PERPETRATION or attempted PERPETRATION of burglary, sodomy, rape, robbery, or aggravated arson;

      Get it? if you kill someone while PERPETRATING to commit sodomy you can be put to death.
      You can’t be put to death just by simple sodomy. Of course, if you f**** them to death, you can be put to death. So you won’t get your wish.
      By the way, take a chill pill. The U.S. military and all militaries throughout history have had a gay population, ain’t nuttin goan change that, Charlie!

    • Dainel Dantes

      Because you misread the UCMJ. The punishments for Sodomy and Murder are different. Clause 4 of Article 118 (Murder) states that if someone subject to the UCMJ kills another person WHILE in the act of sodomy (your written issue), that person is guilty of murder and CAN be charged with the death penalty. Also, I feel it is important to note that homosexuality in the military is neither illegal, nor forbidden by policy. I am sorry you feel as if homosexuality is a crime (as a man of faith myself I have my disagreements), but it is legal.

  • Roman Cadillac

    I think you’ve misread the Article. Specific #4 refers to someone killing someone while engaged in burglary, sodomy, rape, etc.

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  • Unhappywith Yourenglishit

    So if someone one has any ‘justification’ or ‘excuse’ they can do anything on here and are guilty of nothing? I read this in the very first line of the text itself. Glaring GLARING Loophole.

    Excuse: “Oh but I felt like it.”

    …and then along those same lines the military judge could whip out a gun and simply shoot the accused and then say the same thing. Then the prosecutor could shoot the judge and so on.

    See how pitiful the wording is?

  • Ed

    The Army murders people daily in Iraq and elsewhere. Y do they not prosecute the fools? Vietnam same. I will not serve in ANY military! U are a HIRED killer when u enlist. A mercenary. Im a HS student and I avoid the recruiters like the plague, I’ve told many to FO and get a real job. War is stupid and obsolete, there are better ways to solve problems than war and we must use them. Profit is what this war is about. I spread that to as many as I can here. Get a job-‘Recruiters’

  • Michael Mann

    Oral copulation is also sodomy not just homosexual!

  • Chris Restemayer

    No. You’re reading that wrong. Those clauses are all subordinate to the main clause at the top, so you have to include it in all the readings. So it reads “… Unlawfully kills a human being, when he 4) engages in burglary, …”

    So it’s when you’re engaging in those things AND someone dies. It’s functionally similar to a lot of states’ felony murder statutes where it’s murder if someone is killed while the defendant is committing another crime, like robbery, even if they weren’t the one who “squeezed the trigger”, so to speak.

  • Ren Jones

    When we get a decent leader in the WH. And Gens with some guts and sense. (not an easy combo) Bad enough with gangs and deadbeats in the Mil.

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