The term riot is used when a disturbance is caused
by a group of three or more persons and is engaged
against anyone who may oppose them.
Breach of the peace is an unlawful disturbance by
violent or turbulent means that disturbs the peace of the
community. Engaging in a fight and using abusive
words in public are examples of breach of the peace. As
used in this article, community includes any military
installation or ship, as well as a civilian community.
Art. 117. Provoking Speeches or Gestures
Any person subject to this chapter who
uses provoking or reproachful words or
gestures towards any other person subject to
this chapter shall be punished as a court-martial
may direct.
Art. 118. Murder
Any person subject to this chapter who,
without justification or excuse, unlawfully kills
a human being, when he—
(1) has a premeditated design to kill;
(2) intends to kill or inflict great bodily
harm;
(3) is engaged in an act that is inherently
dangerous to another and evinces a wanton
disregard of human life; or
(4) is engaged in the perpetration or
attempted perpetration of burglary, sodomy,
rape, robbery, or aggravated arson;
is guilty of murder, and shall suffer such
punishment as a court-martial may direct,
except that if found guilty under clause (1) or
(4), he shall suffer death or imprisonment for
life as a court-martial may direct.
Art. 119. Manslaughter
(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… article 118, directly
affecting the person;
is guilty of involuntary manslaughter and shall
be punished as a court-martial may direct.
Manslaughter is the unlawful killing of another.
There are two basic types of manslaughter: voluntary
and involuntary.
Voluntary manslaughter is the unlawful killing of
another when there is intent to kill or inflict great bodily
harm, but the act is committed in the heat of sudden
passion caused by adequate provocation.
Involuntary manslaughter is the unlawful killing of
another committed without intent to kill or inflict great
bodily harm.
Art. 120. Rape and Carnal Knowledge
(a) Any person subject to this chapter who
commits an act of sexual intercourse, by force
and without consent, is guilty of rape and shall
be punished by death or such other punishment
as a court-martial may direct.
(b) Any person subject to this chapter who,
under circumstances not amounting to rape,
commits an act of sexual intercourse with a
female not his wife who has not attained the age
of sixteen years, is guilty of carnal knowledge
and shall be punished as a court-martial may
direct.
(c)
P e n e t r a t i o n , h ow eve r s l i g h t , i s
sufficient to complete either of these offenses.
2-31
Student Notes:
