JUDGE ADVOCATE GENERAL’S CORPSUnited States Armed Forces

Uniform Code of Military Justice

Approved

Uniform Code of Military Justice

Article 188. Negligent Discharge of a Firearm or Weapon.

(a) A person subject to this Code is guilty under this Article when the person, through culpable negligence, causes the unintended discharge of a firearm or other dangerous weapon and thereby creates a substantial risk of death, bodily harm, or major property damage.

(b) Culpable negligence requires a substantial departure from the care reasonably expected under the circumstances. A purely accidental discharge despite reasonable care does not constitute an offense.

(c) A person guilty under this Article shall be punished as a court-martial may direct.