(a)(1) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365 of title 18) to, a child, 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’s mother.
(2) An offense under this section does not require proof that—(i) the person 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.
(3) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall, instead of being punished under paragraph (1), be punished as provided under sections 880, 918, and 919(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) are sections 918, 919(a), 919(b)(2), 920(a), 922, 926, 928, and 928a 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 for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
(2) of any person for any medical treatment of the pregnant woman or her unborn child; or
(3) of any woman with respect to her unborn child.
(d) In this section, the term “unborn child” means a child in utero, and the term “child in utero” or “child, who is in utero” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.
Structure US Code
Subtitle A— General Military Law
CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE
SUBCHAPTER X— PUNITIVE ARTICLES
§ 878. Art. 78. Accessory after the fact
§ 879. Art. 79. Conviction of offense charged, lesser included offenses, and attempts
§ 882. Art. 82. Soliciting commission of offenses
§ 884. Art. 84. Breach of medical quarantine
§ 886. Art. 86. Absence without leave
§ 887. Art. 87. Missing movement; jumping from vessel
§ 887a. Art. 87a. Resistance, flight, breach of arrest, and escape
§ 887b. Art. 87b. Offenses against correctional custody and restriction
§ 888. Art. 88. Contempt toward officials
§ 890. Art. 90. Willfully disobeying superior commissioned officer
§ 892. Art. 92. Failure to obey order or regulation
§ 893. Art. 93. Cruelty and maltreatment
§ 894. Art. 94. Mutiny or sedition
§ 895. Art. 95. Offenses by sentinel or lookout
§ 895a. Art. 95a. Disrespect toward sentinel or lookout
§ 896. Art. 96. Release of prisoner without authority; drinking with prisoner
§ 897. Art. 97. Unlawful detention
§ 898. Art. 98. Misconduct as prisoner
§ 899. Art. 99. Misbehavior before the enemy
§ 900. Art. 100. Subordinate compelling surrender
§ 901. Art. 101. Improper use of countersign
§ 902. Art. 102. Forcing a safeguard
§ 903b. Art. 103b. Aiding the enemy
§ 904. Art. 104. Public records offenses
§ 904a. Art. 104a. Fraudulent enlistment, appointment, or separation
§ 904b. Art. 104b. Unlawful enlistment, appointment, or separation
§ 905a. Art. 105a. False or unauthorized pass offenses
§ 906. Art. 106. Impersonation of officer, noncommissioned or petty officer, or agent or official
§ 906a. Art. 106a. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button
§ 907. Art. 107. False official statements; false swearing
§ 907a. Art. 107a. Parole violation
§ 908a. Art. 108a. Captured or abandoned property
§ 909a. Art. 109a. Mail matter: wrongful taking, opening, etc.
§ 910. Art. 110. Improper hazarding of vessel or aircraft
§ 911. Art. 111. Leaving scene of vehicle accident
§ 912. Art. 112. Drunkenness and other incapacitation offenses
§ 912a. Art. 112a. Wrongful use, possession, etc., of controlled substances
§ 913. Art. 113. Drunken or reckless operation of a vehicle, aircraft, or vessel
§ 914. Art. 114. Endangerment offenses
§ 915. Art. 115. Communicating threats
§ 916. Art. 116. Riot or breach of peace
§ 917. Art. 117. Provoking speeches or gestures
§ 917a. Art. 117a. Wrongful broadcast or distribution of intimate visual images
§ 919a. Art. 119a. Death or injury of an unborn child
§ 919b. Art. 119b. Child endangerment
§ 920. Art. 120. Rape and sexual assault generally
§ 920a. Art. 120a. Mails: deposit of obscene matter
§ 920b. Art. 120b. Rape and sexual assault of a child
§ 920c. Art. 120c. Other sexual misconduct
§ 921. Art. 121. Larceny and wrongful appropriation
§ 921a. Art. 121a. Fraudulent use of credit cards, debit cards, and other access devices
§ 921b. Art. 121b. False pretenses to obtain services
§ 922a. Art. 122a. Receiving stolen property
§ 923. Art. 123. Offenses concerning Government computers
§ 923a. Art. 123a. Making, drawing, or uttering check, draft, or order without sufficient funds
§ 924. Art. 124. Frauds against the United States
§ 926. Art. 126. Arson; burning property with intent to defraud
§ 928b. Art. 128b. Domestic violence
§ 929. Art. 129. Burglary; unlawful entry
§ 931a. Art. 131a. Subornation of perjury
§ 931b. Art. 131b. Obstructing justice
§ 931c. Art. 131c. Misprision of serious offense
§ 931d. Art. 131d. Wrongful refusal to testify
§ 931e. Art. 131e. Prevention of authorized seizure of property
§ 931f. Art. 131f. Noncompliance with procedural rules
§ 931g. Art. 131g. Wrongful interference with adverse administrative proceeding