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Art. 117. Provoking Speeches or Gestures
Any person subject to this code who
uses provoking or reproachful words or
gestures towards any other person subject
to this code shall be punished as a court-
martial may direct.
“Provoking” and “reproachful” describe
those words or gestures used in the presence of
the person to whom they are directed which tend
to induce breaches of the peace. They do not
include reprimands, censures, reproofs, and the
like, which may properly be administered in the
interests of training, efficiency, or discipline in
the armed forces.
Art. 118. Murder
Any person subject to this code 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 which
is inherently dangerous to others
and evinces a wanton disregard of
human life; or
(4) is engaged in the perpetra-
tion 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 imprison-
ment for life as a court-martial may direct.
Art. 119. Manslaughter
(a) Any person subject to this code
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 code
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 at-
tempting to perpetrate an offense,
other than those named in clause (4)
of . . . Article 118, directly affect-
ing 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 man-
slaughter: voluntary and involuntary.
Voluntary manslaughter is the unlawful killing
of another when there is an 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 kill-
ing of another committed without an intent to kill
or inflict great bodily harm.
Art. 120. Rape and Carnal Knowledge
(a) Any person subject to this code
who commits an act of sexual intercourse
with a female not his wife, by force and
without her 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 code
who, under circumstances not amounting
to rape, commits an act of sexual inter-
course 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) Penetration, however slight, is suf-
ficient to complete these offenses.
Art. 121. Larceny and Wrongful Appropriation
“Larceny” is stealing something and keeping
it; “wrongful appropriation” is taking something
not your own, but only temporarily. Legally,
taking or withholding is wrong if done without
the consent of the owner; obtaining usually
implies getting something under false pretenses.
All of these meanings denote theft.
The most common example of larceny, of
course, is outright theft. An example of obtaining
something under false pretenses is to obtain a
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