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Text.
“(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 section 918 of this title (article
118), directly affecting the person; is guilty of involuntary man-slaughter
and shall be punished as a court-martial may direct.
Elements.
(1) Voluntary
manslaughter.
(a)
That a certain named or described person is dead;
(b)
That the death resulted from the act or omission of the accused;
(c)
That the killing was unlawful; and
(d)
That, at the time of the killing, the accused had the intent to kill
or inflict great bodily harm upon the person killed.
(2) Involuntary
manslaughter.
(a)
That a certain named or described person is dead;
(b)
That the death resulted from the act or omission of the accused;
(c)
That the killing was unlawful; and
(d)
That this act or omission of the accused constituted culpable negligence,
or occurred while the accused was perpetrating or attempting to perpetrate
an offense directly affecting the person other than burglary, sodomy,
rape, robbery, or aggravated arson.
Explanation.
(1) Voluntary
manslaughter.
(a)
Nature of offense. An unlawful killing, although done with an
intent to kill or inflict great bodily harm, is not murder but voluntary
manslaughter if committed in the heat of sudden passion caused by adequate
provocation. Heat of passion may result from fear or rage. A person
may be provoked to such an extent that in the heat of sudden passion
caused by the provocation, although not in necessary defense of life
or to prevent bodily harm, a fatal blow may be struck before self-control
has returned. Although adequate provocation does not excuse the homicide,
it does preclude conviction of murder.
(b)
Nature of provocation. The provocation must be adequate to excite
uncontrollable passion in a reasonable person, and the act of killing
must be committed under and because of the passion. How-ever, the provocation
must not be sought or induced as an excuse for killing or doing harm.
If, judged by the standard of a reasonable person, sufficient cooling
time elapses between the provocation and the killing, the offense is
murder, even if the accused’s passion persists. Examples of acts
which may, depending on the circumstances, constitute adequate provocation
are the unlawful infliction of great bodily harm, unlawful imprisonment,
and the sight by one spouse of an act of adultery committed by the other
spouse. Insulting or abusive words or gestures, a slight blow with the
hand or fist, and trespass or other injury to property are not, standing
alone, adequate provocation.
(2) Involuntary
manslaughter.
(a)
Culpable negligence.
(i)
Nature of culpable negligence. Culpable negligence is a degree
of carelessness greater than simple negligence. It is a negligent
act or omission accompanied by a culpable disregard for the foresee-able
consequences to others of that act or omission. Thus,
the basis of a charge of involuntary manslaughter may be a negligent
act or omission which, whe viewed in the light of human experience,
might foreseeably result in the death of another, even though death
would not necessarily be a natural and probable consequence of the
act or omission. Acts which may amount to culpable negligence include
negligently conducting target practice so that the bullets go in
the direction of an inhabited house within range; pointing a pistol
in
jest at another and pulling the trigger, believing, but without taking
reasonable precautions to ascertain, that it would not be dangerous;
and carelessly leaving poisons or dangerous drugs where they may
endanger life.
(ii)
Legal duty required. When there is no legal duty to act there
can be no neglect. Thus, when a stranger makes no effort to save a
drowning person, or a person allows a beggar to freeze or starve
to death, no crime is committed.
(b)
Offense directly affecting the person. An “offense directly
affecting the person” means one affecting some particular person
as distinguished from an offense affecting society in general. Among
offenses directly affecting the person are the various types of assault,
battery, false imprisonment, voluntary engagement in an affray, and
maiming.
Lesser
included offenses.
(1) Voluntary
manslaughter.
(a)
Article 119—involuntary manslaughter
(b)
Article 128—assault;
assault consummated by a battery; aggravated assault
(c)
Article 134—assault
with intent to commit voluntary manslaughter
(d)
Article 134—negligent
homicide
(e)
Article
80—attempts
(2) Involuntary
manslaughter.
(a)
Article 128—assault;
assault consummated by a battery
(b)
Article 134—negligent
homicide
Maximum
punishment.
(1) Voluntary
manslaughter. Dishonorable discharge, forfeiture of all pay and allowances,
and confinement for 15 years.
(2) Involuntary
manslaughter. Dishonorable discharge, forfeiture of all pay and allowances,
and confinement for 10 years.
Next Article > Article
120—Rape and carnal knowledge >
Above
Information from Manual for Court Martial, 2002, Chapter 4, Paragraph
44
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