Art. 119. Manslaughter

The term riot is used when a disturbance is caused by a group of three or more persons and is engaged against anyone who may oppose them. Breach of the peace is an unlawful disturbance by violent or turbulent means that disturbs the peace of the community. Engaging in a fight and using abusive words in public are examples of breach of the peace. As used in this article, community includes any military installation or ship, as well as a civilian community. Art. 117. Provoking Speeches or Gestures Any person subject to this chapter who uses provoking or reproachful words or gestures towards any other person subject to this chapter shall be punished as a court-martial may direct. Art. 118. Murder Any person subject to this chapter who, 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 that 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, 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. Art. 119. Manslaughter (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… article 118, directly affecting the person; is guilty of involuntary manslaughter and shall be punished as a court-martial may direct. Manslaughter is the unlawful killing of another. There are two basic types of manslaughter: voluntary and involuntary. Voluntary manslaughter is the unlawful killing of another when there is intent to kill or inflict great bodily harm, but the act is committed in the heat of sudden passion caused by adequate provocation. Involuntary manslaughter is the unlawful killing of another committed without intent to kill or inflict great bodily harm. Art. 120. Rape and Carnal Knowledge (a) Any person subject to this chapter who commits an act of sexual intercourse, by force and without consent, is guilty of rape and shall be punished by death or such other punishment as a court-martial may direct. (b) Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of sexual intercourse with a female not his wife who has not attained the age of sixteen years, is guilty of carnal knowledge and shall be punished as a court-martial may direct. (c) P e n e t r a t i o n , h ow eve r s l i g h t , i s sufficient to complete either of these offenses. 2-31 Student Notes: