Article 119a UCMJ Attempting to Kill an Unborn Child

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Note: This law applies only to Article 119a UCMJ Attempting to Kill an Unborn Child offenses allegedly committed on or after 1 January 2019.

What is Article 119a UCMJ Attempting to Kill an Unborn Child?

The Uniform Code of Military Justice (UCMJ) sets forth regulations and legal standards for United States Armed Forces members. Among these is Article 119a, which pertains to the criminal act of attempting to kill an unborn child. This article underscores the gravity with which the military justice system treats such offenses and provides stringent penalties for those found guilty.

What Does Article 119a UCMJ Attempting to Kill an Unborn Child Entail?

Article 119a of the UCMJ makes it a crime for any person subject to the code to engage in conduct that could result in the death of an unborn child if that conduct was intended to cause such a result. This can range from acts of violence against a pregnant woman to the use of harmful substances or other means aimed specifically at ending the pregnancy. The statute is designed to protect unborn children as a distinct category, recognizing the severity and moral turpitude involved in such offenses. Manual for Courts-Martial, United States (2024 ed.)

The Importance of Court Martial Defense Lawyers in an Article 119a UCMJ Attempting to Kill an Unborn Child Case

Facing an accusation under Article 119a UCMJ can be daunting and potentially life-altering. The military justice system is complex, and the consequences of a conviction can be severe, including imprisonment, dishonorable discharge, and loss of benefits. For this reason, it is crucial to secure robust legal representation to navigate the system’s intricacies and build a strong defense.

The attorneys at Gonzalez & Waddington have extensive experience in handling military criminal cases, including those involving serious allegations like attempting to kill an unborn child. Having seasoned legal counsel by your side ensures your rights are vigorously defended. From investigating the circumstances of the incident to challenging evidence and presenting compelling arguments, skilled attorneys play a pivotal role in achieving the best possible outcome for your case.

Contact Gonzalez & Waddington to Defend an Article 119a UCMJ Attempting to Kill an Unborn Child Case

If you or a loved one is facing charges under Article 119a UCMJ, time is of the essence. Contact Gonzalez & Waddington to discuss your case and secure your legal support. Our team is committed to providing comprehensive legal representation, ensuring that every aspect of your defense is meticulously addressed.

What are the Elements of Article 119a UCMJ Attempting to Kill an Unborn Child?

That (state the time and place alleged), the accused was engaged in the [(murder) (voluntary manslaughter) (involuntary manslaughter) (rape) (robbery) (maiming) (assault) of (state the name of the alleged pregnant woman)] [burning or setting afire, as arson, of (a dwelling inhabited by) (a structure or property known to be occupied by) (a structure or property belonging to) (state the name of the alleged pregnant woman)];
That (state the name of the alleged pregnant woman) was then pregnant;
That the accused thereby intended and attempted to kill the unborn child of (state the name of the alleged pregnant woman);
That such act(s) amounted to more than mere preparation, that is, (it was a) (they were) substantial step(s) and a direct movement toward the unlawful killing of the unborn child; and
That such act(s) apparently tended to bring about the intentional killing of the unborn child; that is, the act(s) apparently would have resulted in the intended death of the unborn child except for (a circumstance unknown to the accused) (an unexpected intervening circumstance) (_______) which prevented the killing of the unborn child.

What are the Maximum Punishments for Article 119a UCMJ Attempting to Kill an Unborn Child?

Maximum Punishment for Article 119a UCMJ Attempting to Kill an Unborn Child committed between 1 Jan 2019 to 27 Dec 2023:

Such punishment, other than death, as the court-martial may direct and consistent with the maximum punishment had the offense been committed upon the unborn child’s mother.
Dishonorable Discharge, BCD, Dismissal
Total Forfeitures
Reduction to E-1
Collateral Consequences of a Federal Felony Conviction

Maximum Punishment for Article 119a UCMJ Attempting to Kill an Unborn Child committed after 27 Dec 2023

Dependent on the underlying offense
Dishonorable Discharge, BCD, Dismissal
Total Forfeitures
Reduction to E-1
Collateral Consequences of a Federal Felony Conviction
Note: The Military Judge MAY impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence. Manual for Courts-Martial, United States (2024 ed.), Appendix 12B-C

Combined UCMJ Maximum Punishment Charts

Sample Specifications for Article 119a UCMJ Attempting to Kill an Unborn Child

In that MSgt William Williamson, US Air Force, did at Dover Air Force Base, Deleware, on or about 21 May 2025, attempt to kill the unborn child of a pregnant woman by engaging in the rape of Amanda Roberts.

Model Specifications for Article 119a UCMJ Attempting to Kill an Unborn Child

In that __________(personal jurisdiction data), did (at/on board–location), (subject matter jurisdiction data, if required), on or about _________ 20___, attempt to kill the unborn child of a pregnant woman, by engaging in the [(murder) (voluntary manslaughter) (involuntary manslaughter) (rape) (robbery) (maiming) (assault) of] [(burning) (setting afire) of (a dwelling inhabited by) (a structure or property known to (be occupied by) (belong to))] that woman.

What are the Definitions for Article 119a UCMJ Attempting to Kill an Unborn Child?

The killing of an unborn child is unlawful when done without legal justification or excuse.

What is a Pregnant Woman in Article 119a UCMJ Attempting to Kill an Unborn Child Case?

“Pregnant woman” is a female of any age who is carrying within her body an unborn child.

The term “unborn child” means a child in utero (or a member of the species Homo Sapiens who is carried in the womb), at any stage of development, from conception to birth.

Preparation consists of devising or arranging the means or measures necessary for the killing of the unborn child. To find the accused guilty of this offense, you must find beyond a reasonable doubt that the accused went beyond preparatory steps, and (his) (her) act(s) amounted to a substantial step and a direct movement toward killing the unborn child.

A substantial step is strongly corroborative of the accused’s criminal intent and is indicative of (his) (her) resolve to unlawfully kill the unborn child.

Proof that the unborn child was killed is not required. However, it must be proved beyond a reasonable doubt that the accused specifically intended to kill the unborn child of (state the name of the alleged pregnant woman) without legal justification or excuse.

The intent to kill does not have to exist for any measurable or particular length of time before the act(s) of the accused that constitute(s) the attempt. However, the intent to kill must exist at the time of the act(s) that constitute(s) the attempt.

The intent to kill may be proved by circumstantial evidence, that is, by facts or circumstances from which you may reasonably infer the existence of such an intent. Thus, you may infer that a person intends the natural and probable results of an act (he) (she) purposely does. Therefore, if a person does an intentional act that is likely to result in death, it may be inferred that (he) (she) intended to inflict death. The drawing of this inference, however, is not required.

The members must be instructed on the elements of the alleged enumerated offense listed in Article 119a(b) (i.e., murder, voluntary or involuntary manslaughter, rape, robbery, maiming, assault, or arson) the accused was engaged in, thereby attempting to kill the unborn child.

Suppose the evidence of the alleged enumerated offense also raises a lesser included enumerated offense. In that case, the panel must also be advised accordingly (using the optional instruction below), and the Findings Worksheet must permit findings by exceptions and substitutions.

The accused may be found guilty of attempting to kill an unborn child only if, in addition to all the other elements of the offense, you are convinced beyond a reasonable doubt that the accused engaged in the offense of (state the offense alleged), which has the following elements: (state here the elements of the underlying offense alleged).

The government has charged that the accused attempted to kill the unborn child of (state the name of the alleged pregnant woman) while engaged in the offense of (state the offense alleged). Suppose you are convinced beyond a reasonable doubt of all the elements of the charged offense, except that the accused was engaged in the offense of (state the offense alleged).

In that case, you may still find the accused guilty, if you are convinced beyond a reasonable doubt that the accused attempted to kill the unborn child while engaged in the offense of (state the lesser included offense raised that is also an enumerated offense) a lesser included offense of (state the offense alleged). (State the lesser included enumerated offense raised) has the following elements: (state here the elements of the lesser included enumerated offense).

In this event you must make appropriate findings by excepting the word(s) “(state the offense alleged)” and substituting the word(s) “(state the lesser included enumerated offense).”

Special defense to Article 119a UCMJ Attempting to Kill an Unborn Child

A special defense of consent to an abortion or death/injury occurring in the course of medical treatment may reasonably be raised. If applicable, the following instructions should be given.

An accused may not be convicted of this offense for (his) (her) conduct relating to an abortion for which the consent of (state the name of the alleged pregnant woman), or a person authorized by law to act on her behalf, had been obtained or for which such consent is implied by law.)

Likewise, an accused may not be convicted of this offense for (his) (her) conduct relating to any medical treatment of (state the name of the alleged pregnant woman) or her unborn child.) (You have heard evidence that (here the military judge may summarize the evidence related to an abortion of the unborn child allegedly consented to by the pregnant woman or other authorized person acting on her behalf, or evidence related to medical treatment for the pregnant woman or the unborn child.)

Final Instructions on Article 119a UCMJ Attempting to Kill an Unborn Child

Unless you are convinced beyond a reasonable doubt that the attempted killing of the unborn child (did not result from an abortion consented to by (state the name of the alleged pregnant woman) or by someone legally authorized to act on her behalf,) ((and) did not result from the accused’s conduct in the course of any medical treatment of (state the name of the alleged pregnant woman) (or) the unborn child), you may not convict the accused of this offense.

Other instructions for Article 119a UCMJ Attempting to Kill an Unborn Child

Instruction 7-3, Circumstantial Evidence (Intent), will ordinarily be applicable.

Overview of Article Article 119a UCMJ Attempting to Kill an Unborn Child

Article 119a of the Uniform Code of Military Justice (UCMJ) addresses the crime of attempting to kill an unborn child. This provision specifically targets actions intended to cause the death of a fetus.

Under this article, a person is guilty if they undertake any intentional and overt act aimed at ending the life of an unborn child, provided that the act could be reasonably expected to result in death if not for some form of intervention or prevention. The offense encompasses a broad range of conduct, as long as it demonstrates a clear intent to kill the unborn child.

Hiring a Military Defense Lawyer for Article 119a UCMJ Attempting to Kill an Unborn Child

The law reflects the military’s stringent stance on protecting potential life and ensuring severe repercussions for those who attempt to harm unborn children. The penalties for violating Article 119a can be severe, including lengthy imprisonment and dishonorable discharge from military service. The prosecution must prove beyond a reasonable doubt that the accused had the specific intent to kill the unborn child and that their actions were a direct attempt to fulfill that intent.

Selecting the Best Military Defense Lawyers for Article 119a UCMJ Attempting to Kill an Unborn Child

Defenses might include lack of intent, the impossibility of the act resulting in death, or intervening circumstances preventing the act from achieving its intended outcome. This article underscores the military’s broader commitment to upholding ethical standards and protecting vulnerable individuals within its jurisdiction. It sends a clear message that any attempt to harm an unborn child will be met with strict legal action, reinforcing the seriousness with which the military views such conduct.