UCMJ Article 110 Improper Hazarding of Vessel vs Article 119 Involuntary Manslaughter: Negligent Navigation vs Negligent Killing
On this page: 6 sections
Article 110 punishes putting a military vessel or aircraft in danger; no one has to be hurt. Article 119(b) punishes an unintended killing; no ship or aircraft has to be involved. The two meet when a negligent act at the helm or the controls costs a life, and then they measure fault differently: negligent hazarding under Article 110 uses a prudent-person negligence standard, while involuntary manslaughter by culpable negligence requires “a degree of carelessness greater than simple negligence” (MCM, Part IV, ¶ 57.c(2)(a)(i)).
Article 110 has covered aircraft as well as vessels since January 1, 2019; the statute names “any vessel or aircraft of the armed forces.”
Article 110
(a) … Any person subject to this chapter who, willfully and wrongfully, hazards or suffers to be hazarded any vessel or aircraft of the armed forces shall be punished by death or such other punishment as a court-martial may direct.
(b) … Any person subject to this chapter who negligently hazards or suffers to be hazarded any vessel or aircraft of the armed forces shall be punished as a court-martial may direct.
Source: 10 U.S.C. § 910 (Article 110), as amended by Pub. L. 114-328, § 5422.
The article reaches “any person subject to this chapter,” not only a commanding officer or navigator. The Manual for Courts-Martial explains (¶ 47.c):
- Hazard means “to put in danger of loss or injury.” Actual damage by collision, stranding, or any other cause is “conclusive evidence that the vessel or aircraft was hazarded but not of the fact of culpability on the part of any particular person.”
- Suffer means to allow or permit, including by a navigator or copilot who sees an imminent danger and fails to report it.
- Negligence is failing to exercise the care, prudence, or attention to duty the government’s interests require of “a prudent and reasonable person.” Duties from grade or custom count even if unwritten, but “a mere error in judgment that a reasonably able person might have committed under the same circumstances does not constitute an offense.”
- Aircraft includes remotely piloted aircraft and unmanned aerial vehicles.
Article 119(b): involuntary manslaughter
(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 section 918 of this title (article 118), directly affecting the person; is guilty of involuntary manslaughter
Source: 10 U.S.C. § 919(b) (Article 119).
Culpable negligence is “a negligent act or omission accompanied by a culpable disregard for the foreseeable consequences to others” (¶ 57.c(2)(a)(i)). When there is no legal duty to act, a failure to act is not negligence (¶ 57.c(2)(a)(ii)). The second route is a death caused while committing an offense “directly affecting the person,” such as assault or battery, other than the felony-murder offenses listed in Article 118(4) (¶ 57.c(2)(b)).
How the facts sort
| Negligent hazarding, 110(b) | Involuntary manslaughter, 119(b)(1) | |
|---|---|---|
| What must happen | A vessel or aircraft of the armed forces is put in danger | A person dies |
| Fault | Negligence: less care than a prudent, reasonable person | Culpable negligence: more than simple negligence |
| Error in judgment | Not an offense if a reasonably able person might have made it | Not culpable negligence without culpable disregard |
| Maximum | 2 years (negligent); death for willful hazarding | 10 years; 15 years if the victim was a child under 16 |
For example, an officer of the deck who ignores a lookout’s report of another ship on a collision course, and the ships collide without injury, raises negligent hazarding under Article 110(b). If the same collision kills a sailor, the hazarding remains, and whether the officer’s conduct showed a culpable disregard of foreseeable consequences, rather than ordinary negligence, decides whether involuntary manslaughter under Article 119(b)(1) is also raised. Each standard is applied to what the officer knew and did at the time.
Maximum punishments
| Offense | Maximum (MCM, Part IV, ¶ 47.d and ¶ 57.d) |
|---|---|
| Willfully and wrongfully hazarding a vessel or aircraft | Death or such other punishment as a court-martial may direct |
| Negligently hazarding a vessel or aircraft | Dishonorable discharge, forfeiture of all pay and allowances, 2 years |
| Involuntary manslaughter | Dishonorable discharge, forfeiture of all pay and allowances, 10 years |
| Involuntary manslaughter of a child under 16 | Dishonorable discharge, forfeiture of all pay and allowances, 15 years |
Willful hazarding carries a possible death sentence in peace as well as war; the statute sets no wartime condition (10 U.S.C. § 910(a)). In a capital case, the members decide whether a death-eligible conviction results in death or life without eligibility for parole, or return the matter to the military judge (§ 853(c)(1)). Otherwise, where every finding of guilty is for an offense committed after December 27, 2023, the military judge determines the sentence in a general or special court-martial (§ 853(b)(1)).
Who decides whether a manslaughter case goes forward
Manslaughter is a covered offense (10 U.S.C. § 801(17)). For offenses committed after December 27, 2023, a special trial counsel has exclusive authority to determine whether a reported offense is a covered offense and, once exercising authority, to refer charges to a special or general court-martial, dismiss them, or enter a plea agreement (10 U.S.C. § 824a(c)). Article 110 is not on the covered-offense list.
Sources
- 10 U.S.C. § 910, improper hazarding of vessel or aircraft (Article 110)
- 10 U.S.C. § 919, manslaughter (Article 119)
- 10 U.S.C. § 801, definitions (Article 1)
- 10 U.S.C. § 824a, special trial counsel (Article 24a)
- 10 U.S.C. § 853, findings and sentencing (Article 53)
- Manual for Courts-Martial, United States (2024 edition), Part IV, ¶ 47 and ¶ 57.
General legal information about Articles 110 and 119; no collision, mishap, or death is evaluated. This page reflects the UCMJ as amended through Public Law 119-60 (December 18, 2025) and the Manual for Courts-Martial (2024 edition) as amended by Executive Order 14130.