§ Article 119 : Manslaughter

Article 119 of the UCMJ (10 U.S.C. § 919) defines two forms of manslaughter: voluntary manslaughter, an unlawful killing with intent to kill or inflict great bodily harm committed in the heat of sudden passion caused by adequate provocation; and involuntary manslaughter, an unlawful killing without that intent, by culpable negligence or while perpetrating or attempting an offense, other than those listed in Article 118(4), that directly affects the person.

Who It Applies To

Voluntary manslaughter: any person subject to the UCMJ 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.

Involuntary manslaughter: any person subject to the UCMJ who, without an intent to kill or inflict great bodily harm, unlawfully kills a human being by culpable negligence, or while perpetrating or attempting to perpetrate an offense directly affecting the person, other than the offenses listed in Article 118(4).

What It Covers

Voluntary manslaughter

1. A certain named or described person is dead.
2. The death resulted from the act or omission of the accused.
3. The killing was unlawful.
4. At the time of the killing, the accused had the intent to kill or inflict great bodily harm upon the person killed.
5. Where alleged: the person killed was a child under 16.

Involuntary manslaughter

1. A certain named or described person is dead.
2. The death resulted from the act or omission of the accused.
3. The killing was unlawful.
4. The act or omission 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.
5. Where alleged: the person killed was a child under 16.

Key rules

• Heat of sudden passion. An unlawful killing with intent to kill or inflict great bodily harm is voluntary manslaughter, not murder, if committed in the heat of sudden passion caused by adequate provocation. The passion may result from fear or rage. Adequate provocation does not excuse the killing, but it precludes conviction of murder.
• Adequate provocation must be enough to excite uncontrollable passion in a reasonable person, the killing must be committed under and because of that passion, and the provocation must not have been sought or induced as an excuse. If, judged by a reasonable person, enough cooling time passed between the provocation and the killing, the offense is murder even if the accused’s passion persisted. Under the Manual, insulting or abusive words or gestures, a slight blow, or injury to property are not, standing alone, adequate provocation.
• Culpable negligence is a degree of carelessness greater than simple negligence: a negligent act or omission accompanied by a culpable disregard for the foreseeable consequences to others. Without a legal duty to act, there can be no neglect.
• Offense directly affecting the person means an offense affecting a particular person rather than society in general, such as assault, battery, false imprisonment, voluntary engagement in an affray, or maiming.
• For the increased maximum punishment when the victim was a child under 16, the accused’s knowledge of the child’s age is not required.

Maximum Punishment

Maximum authorized punishment.

• Voluntary manslaughter: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.
• Voluntary manslaughter of a child under 16: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.
• Involuntary manslaughter: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.
• Involuntary manslaughter of a child under 16: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.

Sentencing parameters.

• Voluntary manslaughter: Category 4 (120–240 months), with a recommended maximum of 180 months, the authorized maximum.
• Voluntary manslaughter of a child under 16: Category 4 (120–240 months).
• Involuntary manslaughter, including of a child under 16: Category 3 (30–120 months).

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Voluntary manslaughter differs from murder under Article 118 only by the heat of sudden passion caused by adequate provocation; the intent to kill or inflict great bodily harm is present in both. Involuntary manslaughter differs from murder by an inherently dangerous act in that it does not require wanton disregard of human life or knowledge that death or great bodily harm was probable. A death caused by simple negligence may be addressed by the Article 134 negligent homicide offense.

What the Provision Does

Article 119 separates unlawful killings committed in the heat of adequately provoked passion, or through culpable negligence, from murder, and sets lower maximum punishments for them.

History

Article 119 appeared in the original 1950 UCMJ and was codified at 10 U.S.C. § 919 in 1956. Its statutory text has not been amended since. The increased maximum punishments for killing a child under 16 are set by the President in the Manual.

Sources

• 10 U.S.C. § 919 (Article 119, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 57
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C
• United States v. Bennitt, 72 M.J. 266 (C.A.A.F. 2013) (aiding and abetting another person’s wrongful use of a controlled substance, as charged in that case, was not an offense directly affecting the person under Article 119(b)(2))
• United States v. Riley, 58 M.J. 305 (C.A.A.F. 2003) (elements of involuntary manslaughter by culpable negligence, applied to the death of a newborn)