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

UCMJ Article 119a punishes service members who cause the death of, or bodily injury to, an unborn child while engaged in conduct that violates the UCMJ. This article was added to align military law with federal protections for unborn children under the Unborn Victims of Violence Act of 2004. Its purpose is to ensure accountability when unlawful acts against a pregnant woman harm or kill the child she is carrying.

The article does not create a separate legal status for the unborn outside of criminal justice. Instead, it provides that when an offense is committed against a pregnant woman that results in injury or death to the unborn child, an additional offense exists under the UCMJ.

Key Elements

To convict under Article 119a, the prosecution must prove:

  1. That the accused engaged in conduct punishable under the UCMJ.
  2. That this conduct caused the death of or bodily injury to an unborn child.
  3. That the act was wrongful and without lawful justification.
  4. That the accused knew or should have known that the woman was pregnant (knowledge is not always required, but it is often considered).

Scope and Application

Article 119a applies in situations such as:

  • Assaulting a pregnant woman and causing injury or death to her unborn child.
  • Operating a vehicle recklessly in violation of Article 111, causing an accident that injures or kills an unborn child.
  • Engaging in violent conduct or abuse that results in miscarriage or stillbirth.

The law does not apply to:

  • Lawful abortions with the pregnant woman’s consent.
  • Medical treatment provided by healthcare professionals.
  • Conduct by the woman herself that results in injury or death to her unborn child.

Punishment

The maximum punishment under Article 119a depends on the outcome and underlying conduct:

  • If death results: The accused may face the same maximum punishment as if the death had been caused to the mother, up to life imprisonment.
  • If injury results: Punishment may include confinement for several years, dishonorable discharge, and forfeiture of pay and allowances.

Defenses

Possible defenses include:

  • Lawful medical procedure or abortion: These are explicitly excluded from liability.
  • Lack of causation: The government must prove that the accused’s conduct directly caused the death or injury.
  • No wrongful intent: If the conduct was lawful and without recklessness or negligence, liability may not attach.
  • Actions by the mother: The article does not criminalize conduct by the pregnant woman herself.

Examples

If a soldier assaults a pregnant spouse, and the unborn child is harmed, Article 119a applies. If a Marine drives drunk and crashes, causing the death of an unborn child, the offense falls under this article. However, if a licensed physician performs a legal abortion with the mother’s consent, Article 119a does not apply.

Conclusion

Article 119a extends UCMJ protections to unborn children by criminalizing misconduct that causes their death or injury. It ensures that violence against pregnant women is treated with the full seriousness it deserves. By excluding lawful medical procedures and actions by the mother, the article balances accountability with respect for individual rights.

Frequently Asked Questions

1. Why was Article 119a added to the UCMJ?
It was added to align military law with the federal Unborn Victims of Violence Act, ensuring unborn children are protected when crimes are committed against pregnant women.

2. Does Article 119a make abortion illegal in the military?
No. Lawful abortions and medical procedures with the woman’s consent are explicitly excluded.

3. What if the accused did not know the woman was pregnant?
Knowledge of pregnancy is not always required. Liability can still exist if misconduct causes harm to the unborn child.

4. What is the maximum punishment under Article 119a?
If death results, punishment can be as severe as life imprisonment, similar to homicide penalties. If injury results, punishment depends on the seriousness of the injury.

5. Can the pregnant woman be charged under this article?
No. The law specifically excludes the mother from liability for her own conduct affecting the unborn child.

6. Does Article 119a apply worldwide?
Yes, it applies to all service members under the UCMJ regardless of location.

7. How is this different from civilian law?
It mirrors the federal Unborn Victims of Violence Act but applies specifically to service members under military jurisdiction.

8. Does Article 119a apply during combat operations?
Yes, if wrongful conduct against a pregnant civilian or service member causes harm to an unborn child, Article 119a may apply.

9. What is considered “bodily injury” to an unborn child?
Any physical harm that impairs development, causes premature birth, or results in miscarriage or stillbirth.

10. Why is Article 119a important for discipline?
Because it holds service members accountable for violence that harms not only victims but also unborn children, reinforcing values of respect, protection, and responsibility.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 919a, Article 119a
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0148
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Boie, 70 M.J. 585 (2011)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 119a or any other UCMJ provision, you should consult a qualified military attorney.

Related:

  1. UCMJ Article 134 – Wearing Unauthorized Insignia, Decoration, Badge, Ribbon, Device, or Lapel Button This enumerated offense under Article 134 punishes service members who wrongfully wear military insignia, decorations, ribbons, badges, devices, or lapel buttons that they are not authorized to wear. The military takes this misconduct seriously because unauthorized wear undermines the integrity...
  2. UCMJ Article 134 – Seizure: Destruction, Removal, or Disposal of Property to Prevent This enumerated offense under Article 134 punishes service members who destroy, remove, or otherwise dispose of property in order to prevent it from being lawfully seized. The offense is closely tied to maintaining integrity in investigations, inspections, and lawful authority....
  3. UCMJ Article 123a – Making, Uttering, or Drawing Check, Draft, or Order Without Sufficient Funds UCMJ Article 123a punishes service members who write, make, or pass checks, drafts, or orders for payment while knowing that they do not have enough funds or credit to cover the amount. This offense targets fraudulent financial conduct that undermines...
  4. UCMJ Article 134 – The General Article UCMJ Article 134, known as the “General Article,” is a catch-all provision that criminalizes a wide range of misconduct not specifically addressed in other articles of the UCMJ. It punishes behavior that is prejudicial to good order and discipline in...
  5. UCMJ Article 133 – Conduct Unbecoming an Officer and Gentleman UCMJ Article 133 criminalizes conduct by commissioned officers, cadets, or midshipmen that dishonors or disgraces them personally, or seriously compromises their standing as officers. The article is intentionally broad, designed to uphold the integrity and character expected of military leaders....
  6. UCMJ Article 93 – Cruelty and Maltreatment UCMJ Article 93 criminalizes cruelty, oppression, or maltreatment of any person subject to a service member’s orders. This provision is not limited to physical abuse. It covers acts of abuse of authority, whether through physical harm, threats, humiliation, harassment, or...
  7. UCMJ Article 120c – Other Sexual Misconduct UCMJ Article 120c criminalizes forms of sexual misconduct not specifically covered under Articles 120 or 120b. It was created to ensure that acts such as indecent exposure, voyeurism, and indecent visual recording are addressed under military law. This article reflects...
  8. UCMJ Article 134 – Willful Discharge of Firearm Under Circumstances to Endanger Human Life This enumerated offense under Article 134 punishes service members who willfully discharge a firearm in a manner that endangers or could endanger human life. Unlike negligent discharge (which involves carelessness), this offense requires proof that the accused acted willfully and...
  9. UCMJ Article 127 – Extortion UCMJ Article 127 punishes extortion, which is the wrongful act of obtaining something of value from another by threats. Extortion undermines trust, order, and discipline by allowing one person to use intimidation for personal gain. Because the military environment demands...
  10. UCMJ Article 117 – Provoking Speeches or Gestures UCMJ Article 117 makes it an offense for a service member to use provoking or reproachful words or gestures toward another person subject to the UCMJ. The purpose of this article is to prevent fights, maintain discipline, and preserve harmony...
  11. UCMJ Article 119 – Manslaughter UCMJ Article 119 punishes the unlawful killing of another human being without the aggravating factors that make the crime murder under Article 118. Manslaughter recognizes that some killings occur without premeditation or intent to commit murder, but they are still...
  12. UCMJ Article 115 – Communicating Threats UCMJ Article 115 criminalizes wrongful communication of threats by service members. A threat under military law is an expression, either oral, written, or by gesture, of an intent to inflict injury or damage. Because threats undermine discipline, morale, and trust,...
  13. UCMJ Article 134 – Quarantine: Medical Breaking This enumerated offense under Article 134 punishes service members who wrongfully break, disregard, or violate a medical quarantine order. Quarantines may be imposed to control the spread of infectious diseases, protect military readiness, and safeguard both the force and surrounding...
  14. UCMJ Article 89 – Disrespect Toward a Superior Commissioned Officer UCMJ Article 89 makes it a crime for a service member to show disrespect by words, behavior, or gestures toward a superior commissioned officer. The rule is rooted in the need for discipline and hierarchy in the armed forces. Respect...
  15. UCMJ Article 105 – Misconduct as a Prisoner UCMJ Article 105 punishes service members who, while in the hands of the enemy as prisoners of war, engage in misconduct that harms the United States or provides aid to the enemy. Unlike ordinary prisoner discipline issues, this article targets...