---
kind: "section"
citation: "10 U.S.C. § 919a"
title: "10"
title_heading: "Armed Forces"
number: "919a"
heading: "Art. 119a. Death or injury of an unborn child"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/919a"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47 — Uniform Code of Military Justice"
  - "Subchapter X — Punitive Articles"
---

# §919a. Art. 119a. Death or injury of an unborn child

- (a)
  - (1) Any [person](/usc/10/2700.md?p=2) subject to this chapter who engages in conduct that violates any of the provisions of law listed in [subsection (b)](#b) and thereby causes the death of, or bodily injury (as defined in [section 1365 of title 18](/usc/18/1365.md)) to, a [child](/usc/10/1072.md?p=6), who is in utero at the time the conduct takes place, is guilty of a separate offense under this section and shall, upon conviction, be punished by such punishment, other than death, as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for that conduct had that injury or death occurred to the unborn [child](/usc/10/1072.md?p=6)’s mother.
  - (2) An offense under this section does not require proof that—
    - (i) the [person](/usc/10/2700.md?p=2) engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or
    - (ii) the accused intended to cause the death of, or bodily injury to, the unborn [child](/usc/10/1072.md?p=6).
  - (3) If the [person](/usc/10/2700.md?p=2) engaging in the conduct thereby intentionally kills or attempts to kill the unborn [child](/usc/10/1072.md?p=6), that [person](/usc/10/2700.md?p=2) shall, instead of being punished under [paragraph (1)](#a-1), be punished as provided under sections [880](/usc/10/880.md), [918](/usc/10/918.md), and [919(a)](/usc/10/919.md?p=a) of this title (articles 80, 118, and 119(a)) for intentionally killing or attempting to kill a human being.
  - (4) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section.
- (b) The provisions referred to in [subsection (a)](#a) are sections [918](/usc/10/918.md), [919(a)](/usc/10/919.md?p=a), [919(b)(2)](/usc/10/919.md?p=b-2), [920(a)](/usc/10/920.md?p=a), [922](/usc/10/922.md), [926](/usc/10/926.md), [928](/usc/10/928.md), and [928a](/usc/10/928a.md) of this title (articles 118, 119(a), 119(b)(2), 120(a), 122, 126, 128, and 128a).
- (c) Nothing in this section shall be construed to permit the prosecution—
  - (1) of any [person](/usc/10/2700.md?p=2) for conduct relating to an abortion for which the consent of the pregnant woman, or a [person](/usc/10/2700.md?p=2) authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
  - (2) of any [person](/usc/10/2700.md?p=2) for any medical treatment of the pregnant woman or her unborn [child](/usc/10/1072.md?p=6); or
  - (3) of any woman with respect to her unborn [child](/usc/10/1072.md?p=6).
- (d) In this section, the term “unborn [child](/usc/10/1072.md?p=6)” means a [child](/usc/10/1072.md?p=6) in utero, and the term “[child](/usc/10/1072.md?p=6) in utero” or “[child](/usc/10/1072.md?p=6), who is in utero” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.

## Source credit

(Added Pub. L. 108–212, § 3(a), Apr. 1, 2004, 118 Stat. 569; amended Pub. L. 114–328, div. E, title LX, § 5401(13)(B), Dec. 23, 2016, 130 Stat. 2939; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(N), Dec. 12, 2017, 131 Stat. 1598.)

## Notes

### Editorial Notes

### Amendments

2017—Subsec. (b). Pub. L. 115–91 substituted “926, 928, and 928a” for “928a, 926, and 928” and “126, 128, and 128a” for “128a 126, and 128”.

2016—Subsec. (b). Pub. L. 114–328 substituted “928a,” for “924,” and “128a” for “124,”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2017 Amendment

Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

### Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.