Uniform Code of Military Justice
Article 140. Murder in the First and Second Degrees.
(a) A person subject to this Code is guilty of murder in the first degree when the person unlawfully causes the death of another human being with a premeditated intent to kill.
(b) A person subject to this Code is guilty of murder in the second degree when the person unlawfully causes the death of another human being—
(i) with intent to kill but without premeditation; or
(ii) by knowingly engaging in conduct creating a grave risk of death under circumstances demonstrating extreme disregard for human life.
(c) Premeditation means conscious consideration of a decision to kill before the act causing death. No particular minimum period of reflection is required, but a purely instantaneous reaction without conscious consideration does not establish premeditation by itself.
(d) A killing justified by lawful combat, lawful defense, defense of another, or another justification recognized by controlling law does not constitute murder.
(e) Attempted murder shall be charged under Article 101 by reference to the degree of murder the Government alleges the accused specifically intended to commit.
(f) The degree of murder shall be expressly alleged in the specification and proven beyond a reasonable doubt.
(g) A person guilty under this Article shall be punished as a court-martial may direct.