The MCM states under Article 119a (Death or Injury of an Unborn Child), any person may be subject to prosecution if the violations of Articles 118, 119a, 119b, 120a, 122, 126, 128, and 128a cause the death or bodily injury to a child who is in utero at the time the conduct takes place. This offense does not require the accused to have known about the pregnancy, nor does it require proof that the accused intended to cause the death or bodily injury to the unborn child. Suppose the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child. In that case, that person shall punished under Articles 80, 118, and 119a for intentionally killing or attempting to kill a human being.
To be prosecuted for injuring an unborn child, the prosecution must demonstrate:
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the accused was engaged in acts of murder, voluntary manslaughter, involuntary manslaughter, rape, robbery, maiming, assault, or the arson of a dwelling or structure occupied by a woman;
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the woman was pregnant, and
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the accused caused bodily injury to the unborn child of that woman.
Prosecution for the killing of an unborn child must demonstrate:
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the accused was engaged in acts of murder, voluntary manslaughter, involuntary manslaughter, rape, robbery, maiming, assault, or the arson of a dwelling or structure occupied by a woman;
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the woman was pregnant, and
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the accused caused the death of the unborn child of that woman.
Attempting to kill an unborn child requires:
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the accused was engaged in acts of murder, voluntary manslaughter, involuntary manslaughter, rape, robbery, maiming, assault, or the arson of a dwelling or structure occupied by a woman;
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the woman was pregnant, and
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the accused intended and attempted to kill the unborn child of that woman.
To be prosecuted for intentionally killing an unborn child, the prosecution must demonstrate:
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the accused was engaged in acts of murder, voluntary manslaughter, involuntary manslaughter, rape, robbery, maiming, assault, or the arson of a dwelling or structure occupied by a woman;
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the woman was pregnant, and
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the accused intentionally killed the unborn child of that woman.
Understanding Article 119a (Death or Injury of an Unborn Child) of the UCMJ
Suppose the accused is engaged in acts of arson, murder, voluntary manslaughter, involuntary manslaughter, rape, robbery, maiming, or assault against a pregnant woman, and it results in the death or bodily injury of the unborn child. In that case, it is a separate charge from those filed against the accused on behalf of the woman. This offense does not require the accused to have had prior knowledge of the unborn child, except for attempting to kill an unborn child. Bodily injury of an unborn child refers to any cut, abrasion, bruise, burn, or disfigurement; physical pain; illness; impairment of the function of a bodily member, organ, or mental faculty; or any other injury to the body; no matter how temporary.
Maximum Possible Punishment for Violations of Article 119a
Service members convicted of violating Article 119a face the maximum possible punishment of any punishment other than death that a court-martial may deem acceptable. Still, the punishment shall be consistent with the sentence had the bodily injury, death, attempt to kill, or intentional killing occurred to the unborn child’s mother.
How do you defend against Article 119a Death or Injury of an Unborn Child charges?
When facing the combined resources of the military and the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys with over 75 years of combined experience who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected and sought-after attorney, speaker, and lecturer who has served in the U.S. Army Judge Advocate General’s Corps (JAG) since 1998 and entered private practice in 2007.
If you, or someone you know, is facing Article 119a charges for Death or Injury of an Unborn Child, you need to speak with a Military defense attorney right away. We understand what is at risk and know how to protect your career, freedom, and future.
