Article 119a UCMJ – Death or Injury of an Unborn Child – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 119a of the Uniform Code of Military Justice criminalizes conduct that results in the death or injury of an unborn child. This includes assaults, acts of violence, reckless behavior, drunk driving, domestic incidents, and other misconduct that harms a pregnancy. Under Article 119a, an “unborn child” is legally considered a victim separate from the mother, meaning a service member may face independent charges for injury or death caused to the fetus.

The statute is used aggressively in military prosecutions, especially in cases involving domestic violence, bar fights, vehicle accidents, altercations, negligent behavior, and alleged assaults during pregnancy. Many Article 119a cases arise from emotionally charged situations where the facts are unclear, the accused is wrongly blamed, or investigators leap to conclusions without medical proof of causation.

Florida’s military communities—including NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt Field, Tyndall, Patrick SFB, MacDill AFB, NSA Panama City, NAS Key West, and Coast Guard units—see unusually high numbers of Article 119a allegations due to domestic issues, alcohol-related incidents, civilian police involvement, and the complex medical landscape of prenatal injury claims.

Gonzalez & Waddington is widely recognized for defending high-stakes assault, domestic violence, and injury cases involving complex medical, forensic, and emotional components. We expose weak medical evidence, false allegations, biased investigations, and exaggerated causation claims.

➤ Request a Defense Strategy for Article 119a Allegations

What Article 119a Criminalizes

Under Article 119a, the government may charge a service member with causing:

• Death of an unborn child
• Injury to an unborn child
• Attempted injury or death of an unborn child
• Negligent injury to an unborn child
• Intentional or reckless harm to a pregnant person resulting in fetal injury

The accused does NOT have to know the victim was pregnant for Article 119a to apply.

Types of Article 119a Offenses

1. Intentional Acts Leading to Harm

Includes domestic violence, assaults, or fights where the pregnant victim is struck or harmed.

2. Reckless Acts Leading to Harm

Includes drunken driving, speeding, careless behavior, or unsafe actions.

3. Negligent Acts

Carelessness that unintentionally causes injury, such as dropping someone, shoving during an argument, or causing a fall.

4. Attempts

No actual injury required—intent or reckless conduct alone may trigger charges.

Examples of Article 119a Situations

• A domestic dispute resulting in accidental contact with a pregnant partner
• Involvement in a vehicle accident that injures a pregnant occupant
• Arguments where pushing or grabbing allegedly caused fetal harm
• Bar fights where a bystander who is pregnant is unintentionally struck
• Miscarriage or complications blamed on a service member after an unrelated incident
• Civilian police misinterpreting a chaotic scene as intentional harm
• Medical complications blamed on stress or minor physical contact
• Alleged assaults reported weeks or months after symptoms appear

Many Article 119a cases arise from false allegations, exaggerated claims, or medically unsupported theories.

Elements the Government Must Prove

1. The Victim Was an Unborn Child

Defined broadly—from conception onward.

2. The Accused Committed the Underlying Act

Assault, battery, reckless driving, negligence, etc.

3. The Act Caused Death or Injury to the Fetus

This is the most medically complex element.

4. The Conduct Was Wrongful

Self-defense or accidents may negate wrongfulness.

5. The Victim Was Not the Accused’s Spouse Under Certain Civilian Interpretations

In practice, the military applies Article 119a universally—including spouses.

What Article 119a Is NOT

The following situations do NOT automatically qualify as Article 119a violations:

• Pregnancy complications unrelated to the accused
• Medical conditions causing miscarriage (very common)
• Stress-related issues not tied to physical trauma
• Arguments without physical contact
• Accidents without negligence
• Symptoms that develop weeks after an alleged incident
• Miscarriages with no identifiable cause
• Allegations during custody disputes or breakups

The prosecution must prove medically that the accused’s actions caused harm—which is extremely difficult.

Why Article 119a Cases Are Often Weak

• No medical evidence connecting the accused to the alleged injury
• Symptoms or complications that pre-dated the incident
• Contradictions in the accuser’s statements
• Medical expert disagreement about causation
• No physical trauma consistent with the claim
• Alcohol-impaired witnesses or unreliable memories
• Stress blamed on the accused instead of unrelated factors
• False allegations during domestic separation or adultery cases
• Investigators lacking obstetric expertise
• Unscientific or unrealistic prosecution theories about fetal harm

A key defense theme: pregnancy complications are extremely common and medically complex—far more than the UCMJ acknowledges.

Why Article 119a Allegations Are Common in Florida

Florida’s environment contributes to a large number of 119a investigations:

• High number of domestic disturbances in military housing
• Heavy alcohol culture near bases
• Civilian police involvement without understanding military context
• Stressful deployments straining relationships
• High mobility PCS cycles
• Florida’s tourism and nightlife creating chaotic situations
• Frequent vehicle accidents due to dense traffic

Many Florida cases begin with 911 calls, heated domestic arguments, or car accidents, not malicious intent.

Real-World Florida Article 119a Scenarios

1. Domestic Argument at On-Base Housing

Accuser claims they were “pushed” and miscarriage days later is blamed on the accused despite weak medical proof.

2. Vehicle Accident in Jacksonville or Pensacola

Minor fender-bender creates exaggerated claims of fetal trauma.

3. Bar or Nightclub Altercations

Crowded Florida nightlife causes accidental contact misinterpreted as assault.

4. Coast Guard Boarding or Maritime Operations

High-risk, fast-paced movements lead to allegations of recklessness.

5. Stress-Related Medical Complications

Pregnancy complications blamed on the accused despite unrelated medical causes.

6. Jealous Ex-Partners

False or exaggerated claims during relationship breakdowns.

How Article 119a Investigations Work

Investigations typically include:

• Civilian police reports (Florida law enforcement often initiates cases)
• CID / NCIS / OSI / CGIS involvement
• Medical records and fetal monitoring
• Statements from doctors and obstetric specialists
• Digital forensics (texts, DMs, social media)
• Witness interviews
• Scene reconstruction

Common Investigation Failures We Expose

• No medical link between incident and fetal injury
• Investigators relying solely on the accuser’s word
• Medical timelines that contradict the allegation
• Overinterpretation of minor bruises or marks
• Failure to review ultrasound history for prior complications
• No expert obstetric testimony
• Civilian police misinterpreting medical terminology

Defense Strategies for Article 119a Cases

1. Medical Causation Analysis

We use obstetricians, fetal-medicine experts, and medical statisticians to refute the government’s claims.

2. Attack Intent & Wrongfulness

We show accidental contact, self-defense, mutual combat, or lack of negligence.

3. Florida-Specific Defense Themes

• Vehicle accident causation issues
• Nightlife chaos causing accidental contact
• High-stress environments misinterpreting symptoms

4. Digital Evidence Contextualization

Full message threads undermine distorted statements.

5. Witness Credibility Challenges

Accusers often exaggerate, misremember, or have motive to lie.

6. Prior Medical Conditions

Many pregnancy complications pre-date the alleged incident.

7. Psychological Context

Breakups, jealousy, and emotional distress often fuel false accusations.

Potential Punishments for Article 119a

Punishments vary by outcome:

Death of an Unborn Child

• Life imprisonment
• Dishonorable discharge
• Total forfeitures
• Reduction to E-1

Injury to an Unborn Child

• Up to 15 years confinement
• Dishonorable or bad conduct discharge
• Total forfeitures
• Reduction to E-1

Attempted Injury or Negligent Injury

• Up to 5 years confinement
• Punitives vary by underlying act

Even unproven allegations lead to no-contact orders, administrative separation, and career damage if not defended aggressively.

Pro Tips for Anyone Accused Under Article 119a

• Do NOT speak to investigators without your lawyer present.
• Do NOT apologize in texts or messages—it will be weaponized.
• Preserve all digital evidence (texts, photos, social media).
• Document all events and timelines in a privileged attorney-client memo.
• Identify medical witnesses who observed the pregnancy before/after incident.
• Avoid contact with the alleged victim.
• Do NOT discuss the case with command or coworkers.
• Hire an experienced UCMJ defense attorney immediately.

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Article 119a – Frequently Asked Questions