Is It Considered Murder to Kill an Unborn Baby
Land Laws on Fetal Homicide and Penalisation-enhancement for Crimes Confronting Pregnant Women
The fence over fetal rights is not new to the legislative arena. Every session, pro-life and pro-choice advocates garner support for policies around this issue. The debate concerning "fetal homicide" hinges on the issue of fetuses killed past violent acts against significant women. Pro-life advocates typically support legislation that defines the fetus every bit a person under fetal homicide laws, or otherwise confers rights or protections upon the fetus or unborn child. Common references to such laws include the Fetal Protection Human activity, the Preborn Victims of Violence Deed and the Unborn Victim of Violence Act. Those supporting these laws say that both the lives of the pregnant adult female and the fetus should exist explicitly protected. They affirm that fetal homicide laws justly criminalize these cases and accost both unborn children and their mothers.
Pro-choice advocates typically focus on the harm done to a pregnant woman and the subsequent loss of her pregnancy, merely not on the rights of the fetus. They tend to support policies that do not confer rights or personhood status upon a fetus. Such advocates focus on enhancing penalties for an assault on a pregnant woman and recognizing her equally the victim. For the purposes of this webpage, NCSL describes these types of legislation as "punishment-enhancement for crimes confronting pregnant women." These are described and listed towards the bottom of this webpage.This webpage is intended to include a range of legislation on this upshot and is not intended to serve as a source for legal definitions.
Land Fetal Homicide Laws
Currently, at least38 states take fetal homicide laws: Alabama, Alaska, Arizona, Arkansas, California, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, Northward Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, S Carolina, S Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia and Wisconsin. At least29 states have fetal homicide laws that apply to the earliest stages of pregnancy ("whatsoever country of gestation/evolution," "conception," "fertilization" or "post-fertilization"); these are indicated beneath with an asterisk (*).
The box allows you to carry a total text search or apply the dropdown menu option to select a state.
| State | Summary of Statutes and Case Laws |
|---|---|
| Alabama* | Ala. Code § 13A-6-one (2006) defines "person," for the purpose of criminal homicide or assaults, to include an unborn kid in utero at any stage of development, regardless of viability and specifies that nothing in the act shall make it a crime to perform or obtain an abortion that is otherwise legal. |
| Alaska* | Alaska. Stat. § eleven.41.150 et seq., Alaska Stat. § 11.81.250, Alaska Stat. § 12.55.035, and Alaska Stat. § 12.55.125 (2005) chronicle to offenses against unborn children. The police force provides that a defendant convicted of murder in the 2d caste or murder of an unborn child shall be sentenced to a definite term of imprisonment of at to the lowest degree 10 years merely no more than than 99 years. The law does non use to acts that crusade the death of an unborn child if those acts were committed during a legal abortion to which the significant adult female consented or a person authorized by law to act on her behalf consented, or for which such consent is unsaid past law. Alaska Stat. 11.81.900(b)(64) defines an unborn kid as a member of the species Homo sapiens, at whatsoever phase of development. |
| Arizona* | Ariz. Rev. Stat. Ann. § 13-1102, § 13-1103, § 13-1104 and § 13-1105 ascertain negligent homicide, manslaughter and commencement and second degree murder. The constabulary specifies that the offenses apply to an unborn kid at any stage in its evolution. Ariz. Rev. Stat. Ann § 13-701, § xiii-704, § 13-705 and § thirteen-751 define aggravated circumstances in the sentence of decease or life imprisonment. The constabulary specifies that the defendant shall not be released until the completion of 35 years if the murdered person was under xv years of historic period or was an unborn child. The police states that for the purposes of punishment, an unborn kid shall be treated similar a minor nether 12 years of age. |
| Arkansas* | Ark. Stat. Ann. § five-1-102(thirteen) defines "person," as used in § 5-10-101 through § 5-ten-105, to include an unborn kid at whatsoever stage of development. The police specifies that these provisions exercise not apply to an act that causes the decease of an unborn child in utero if the act was committed during a legal ballgame to which the woman consented, an act committed pursuant to a usual and customary standard of medical exercise during testing or treatment, or an act committed in the form of medical research, experimental medicine or an act accounted necessary to save the life or preserve the health of the woman. Ark. Stat. Ann. § 5-x-101 through § v-10-105 define capital murder, murder in the kickoff degree, murder in the 2d degree, manslaughter and negligent homicide. |
| California | Cal. Penal Code § 187 (a) defines murder every bit the unlawful killing of a man existence or a fetus with malice aforethought. |
| Florida* | Fla. Stat. Ann.§775.021(v) states that anyone who commits a criminal offense and, in the process, causes bodily injury to or the decease of an unborn child commits a split up offense if the provision or statute does non otherwise specifically provide a separate offense for such death or injury to an unborn kid. At the finish of the subsection, the land defines unborn child as a member of the species Homo sapiens, at any phase of development, who is carried in the womb. |
| Georgia* | Ga. Code Ann. § sixteen-5-80 defines feticide. A person commits the offense of feticide if he or she willfully kills an unborn child so far developed as to be usually called "quick" past causing any injury to the mother of such child. The punishment for feticide is imprisonment for life. Ga. Code Ann. § 40-half dozen-393.1 defines vehicular feticide and provides for penalties. Ga. Code Ann. § 52-7-12.three defines the term "unborn kid" to hateful a member of the species Human being sapiens at any phase of development who is carried in the womb. The constabulary defines feticide past watercraft in the first and second degrees and provides for penalties. |
| Idaho* | Idaho Code § 18-4001, § 18-4006 and § 18-4016 (2002) declare that murder includes the unlawful killing of a human being embryo or fetus under certain weather. The law provides that manslaughter includes the unlawful killing of a man embryo or fetus without malice. The law defines "embryo" or "fetus" as whatever man in utero. These laws exercise non apply to deport 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, or to whatsoever person for any medical treatment of the meaning woman or her embryo or fetus. |
| Illinois* | Illinois Compiled Statute ch. 740 180/two (2016) extends the statute of limitations for individuals who allegedly committed the intentional homicide of an unborn child, voluntary manslaughter of an unborn child and involuntary manslaughter or reckless homicide of an unborn kid. Ill. Rev. Stat. ch. 720 § 5/9-1.2, § five/ix-2.one and § five/ix-3.2 ascertain intentional homicide of an unborn child, voluntary manslaughter of an unborn kid, involuntary manslaughter and reckless homicide of an unborn kid, respectively. The laws define "unborn kid" every bit whatsoever private of the human species from fertilization until nativity. The laws also specify that these provisions practice not utilize to acts which cause the expiry of an unborn child if those acts were committed during any abortion to which the pregnant adult female has consented or to acts which were committed pursuant to usual and customary standards of medical practice during testing or treatment. (2000 Ill. Laws, P.A. 91-404; 2010 Ill. Laws, P.A. 96-k) |
| Indiana* | Indiana Senate Enrolled Act 203 states that killing a fetus at any stage of development is murder unless the adult female terminates her own pregnancy or obtains an abortion. Applicable to Indiana Code 35-42-one-1, 35-42-i-iii, 35-42-1-iv, 35-42-one-6 |
| Kansas* | Kan. Stat. Ann. § 21-5419 "Alexa's Police force" defines "unborn child" as a living individual organism of the species Homo sapiens, in utero, at whatsoever stage of gestation from fertilization to nascency. The police specifies that "person" and "human being" shall also mean an unborn child as used in Kan. Stat. Ann. § 21-5401 through § 21-5406 and § 21-5413 which define murder in the starting time and second degrees, voluntary and involuntary manslaughter, bombardment, aggravated battery, uppercase murder and involuntary manslaughter while driving under the influence of booze or drugs. (2010 HB 2668) |
| Kentucky* | Ky. Rev. Stat. 439.3401 (2015) Requires offenders bedevilled of homicide or fetal homicide to serve at to the lowest degree 50 percentage of their sentence before becoming eligible for any blazon of early on release, in cases where the victim died as the issue of an overdose of a controlled substance. Ky. Rev. Stat. § 507A.010 et seq. (2004) define "unborn child" equally a member of the species Homo sapiens in utero from conception onward, without regard to age, health or condition of dependency. The laws define fetal homicide in the first, second, tertiary, and fourth degrees. These laws practise not apply to acts performed during any abortion for which the consent of the pregnant woman has been obtained or for which the consent is implied by law in a medical emergency. (2004 HB 108) |
| Louisiana* | La. Rev. Stat. Ann. § 14:32.5 defines feticide equally the killing of an unborn child by the act, procurement, or culpable omission of a person other than the female parent of the unborn kid. The crime of feticide shall non include acts which cause the death of an unborn child if those acts were committed during whatsoever abortion to which the pregnant adult female or her legal guardian has consented or which was performed in an emergency. Nor shall the offense of feticide include acts which are committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment. La. Rev. Stat. Ann. § fourteen:32.vi (2006) defines start degree feticide as the killing of an unborn child when the offender has a specific intent to kill or to inflict smashing bodily impairment, and includes the killing of an unborn child when the offender is engaged in the perpetration or attempted perpetration of aggravated rape, forcible rape, aggravated arson, aggravated burglary, aggravated escape, armed robbery, first degree robbery, second degree robbery, cruelty to juveniles, second degree cruelty to juveniles, terrorism, or unproblematic robbery, even though he has no intent to kill or inflict swell bodily damage. La. Rev. Stat. Ann. § 14:32.7 (1989) defines second degree feticide as the killing of an unborn child which would be offset degree feticide, but the law-breaking is committed in sudden passion or heat of claret immediately caused by provocation of the female parent of the unborn child sufficient to deprive an average person of his self control and cool reflection; and is defined as feticide committed without any intent to cause decease or great actual harm. La. Rev. Stat. Ann. § 14:2 (7), (11) defines "person" as a human beingness from the moment of fertilization and implantation and as well includes a trunk of persons, whether incorporated or non. "Unborn child" means whatsoever individual of the human species from fertilization and implantation until birth. La. Rev. Stat. Ann. § xiv:32.8 (2006, 2008) defines 3rd degree feticide every bit the killing of an unborn child by criminal negligence; and is defined as the killing of an unborn child caused proximately or caused directly by an offender engaged in the operation of, or in bodily physical control of, any motor vehicle, aircraft, watercraft, or other ways of conveyance whether or not the offender had the intent to crusade death or nifty bodily harm whenever specified conditions occur and such conditions were a contributing factor to the killing. (2008 SB 382) La. Rev. Stat. Ann. § 32.414(B)(1) was amended by 2010 La. Acts, P.A. 403 to allow the suspension of a driver's license for 24 months of any person who is convicted of committing tertiary degree feticide equally defined in § 14:32.8. (2010 HB 1231) |
| Maryland | Md. Criminal Constabulary Code Ann. § 2-103 establishes that a prosecution may exist instituted for murder or manslaughter of a viable fetus as defined in Dr.. Health-General Code Ann. § 20-209. A person prosecuted for murder or manslaughter must have intended to cause the death of the viable fetus; intended to cause serious physical injury to the viable fetus; or wantonly or recklessly disregarded the likelihood that the person's actions would crusade the death of or serious concrete injury to the viable fetus. (2005 Md. Laws, Chap. 546) |
| Massachusetts ** | Commonwealth vs. Lawrence, 536 N.Eastward.2d 571 (Mass. 1973) affirms the conviction for murder of a adult female and involuntary manslaughter of her 27-week-sometime fetus. Commonwealth vs. Cass, 467 Northward.Due east.2nd 1324 (Mass. 1984) rules that a feasible fetus is within the ambit of the term "person" in the vehicular homicide statute. The case refers to Mass. Gen Law, ch. 90 § 24G, which defines vehicular homicide. |
| Michigan* | Mich. Comp. Laws Ann. § 750.322 defines the willful killing of an unborn quick kid by any injury to the mother of the child as manslaughter. Mich. Comp. Laws Ann. § 750.323 declares that any person who administers medicines, drugs or substances to any woman pregnant with a quick child or uses an instrument or other ways to destroy the child, unless the same shall accept been necessary to preserve the life of the mother, is guilty of manslaughter. Mich. Comp. Laws Ann. § 750.90a et seq. ascertain penalties and punishments if any of the crimes defined by § 750.81 et seq. (including attack and bombardment; felonious attack; torture; and assault with intent to murder, practise great bodily harm, maim, or rob and steal), are committed confronting a pregnant adult female and were intended to cause or consequence in a miscarriage or stillbirth or death to the embryo or fetus, keen bodily harm to the embryo or fetus, serious or aggravated concrete injury to the embryo or fetus, or physical injury to the embryo or fetus. |
| Minnesota* | Minn. Stat. § 609.205 and § 609.266 et seq. define unborn child and provide penalties for an assault to a pregnant woman and subsequent harm to an unborn child. The law too defines an assault of an unborn kid and provides penalties. The police force defines murder of an unborn child in the first, second and third degrees and provides penalties. Minn. Stat. §609.21 declares that a person is guilty of criminal vehicular operation if an unborn kid is killed in the act. The constabulary also states that as punishment, this person may exist sentenced to imprisonment for not more than ten years or payment of a fine of not more than $20,000, or both. (2004 Minn. Laws, Chap. 283; SB 58) |
| Mississippi* | Miss. Lawmaking Ann. § 11.vii.thirteen describes circumstances when a person may be entitled to bring a wrongful death activeness, and includes circumstances related to the death of an unborn quick child. The police excludes acts committed by the mother, a medical procedure performed by a medical professional person or lawfully prescribed medication. Miss. Code Ann. § 97-3-xix defines murder to include murder that is washed with deliberate blueprint to effect the decease of an unborn kid. Miss. Lawmaking Ann. § 97-3-37 provides a list of the criminal offenses, including murder, homicide and assault, in which the definition of "human being" includes an unborn child at every stage of gestation from conception to live birth. 2011 Miss. Laws, Chap. 307 amended the law by changing the punishments for the defined offenses. |
| Missouri* | In 1986, Missouri enacted HB 1596, calculation a new provision to §ane.205.2 to the basic definitions section of the Missouri code. Information technology states in part: "The life of each human being begins at conception . . . Constructive January 1, 1988, the laws of this state shall exist interpreted and construed to acknowledge on behalf of the unborn child at every stage of development, all the rights, privileges, and immunities bachelor to other persons, citizens, and residents of this state, subject just to the Constitution of the U.s., and decisional interpretations thereof by the United States Supreme Court and specific provisions to the opposite in the statutes and constitution of this land." The U.S. Supreme Courtroom, inWebster v. Reproductive Health Services (1989), declined to invalidate this constabulary, holding that information technology was up to the Missouri courts to determine its application outside of the scope of the abortion-related rights that had been established in past U.S. Supreme Courtroom decisions. Subsequently, in 1995, the Missouri Supreme Court held that §1.205.2 incorporates the "intention of the general assembly that courts should read all Missouri statutes inpari materia [on the aforementioned subject] with this department," and construed the state's wrongful death law to be covered by it (Connor 5. Monkem Co., Inc., 898 Due south.W.2d 89). |
| Montana | Montana Code Ann. § 45-v-102 states that a person who "purposely or knowingly causes the death of a fetus of another with cognition that the woman is pregnant" commits, depending on the circumstances, "deliberate homicide" or "mitigated deliberate homicide" (§ 45-5-103). Montana Code Ann.§ 45-5-116 defines "damage to the fetus of another" and puts forth exemptions for this crime that include groups such as a woman with respect to her fetus, a provider performing an abortion and a provider performing other authorized medical procedures. |
| Nebraska* | Nebraska Revised Statute 28- 393-397 (2015) Reclassifies manslaughter of an unborn child and start degree assault of an unborn kid from a class Three felony to a class IIA felony. Neb. Rev. Stat. § 28-388 et seq. create the Homicide of the Unborn Child Act. The law defines premeditation and unborn child. The law defines murder of an unborn child in the starting time caste, murder in the second degree, manslaughter and motor vehicle homicide. The law was amended in 2003 to change provisions relating to driving under the influence and amends provisions regarding motor vehicle homicide. Provides a penalty for motor vehicle homicide of an unborn kid and recognizes an action for an unborn child in wrongful decease cases. Neb. Rev. Stat. § 28-394, which defines motor vehicle homicide of an unborn child, was amended in 2011 by LB 667 to specify that motor vehicle homicide of an unborn child shall exist treated as a separate and distinct offense. |
| Nevada | Nev. Rev. Stat. § 200.210 defines manslaughter as a person who willfully kills an unborn quick kid by any injury committed upon the mother of the child. |
| New Hampshire | Senate Bill 66 (signed on June thirty, 2017, and effective January 1, 2018), states that a "fetus" may be a victim of the already-existing crimes of offset-degree murder, second-degree murder, manslaughter, negligent homicide, and causing or aiding suicide (only non capital murder, i.east., a homicide offense subject to the expiry penalty), if the "fetus" victim has reached "the stop of the twentieth calendar week after conception or, in the instance of in vitro fertilization, the end of the twentieth week after implantation, until birth." This does non apply to "any act committed by the pregnant woman" or "at the request or direction of the meaning adult female or for the benefit of the pregnant woman," nor does information technology utilize to deportment by a "medical professional person in the course of . . . professional duties." Affects New Hampshire RSA 630:i, 630:1-a, 630:1-b, 630:2, 630:3, and 630:4. |
| North Carolina* | 2011 N.C. Sess. Laws, Chap. 60 (HB 215) defines murder, voluntary manslaughter, involuntary manslaughter, set on inflicting serious bodily injury and assault of an unborn kid. "Unborn kid" is divers as a member of the species Homo sapiens at any phase of evolution, who is carried in the womb. These provisions practise not apply to lawful acts that cause the expiry of an unborn child as divers in N.C. Gen. Stat. § 14-45.1, acts that are committed in the usual standards of medical practise or acts committed past a pregnant adult female that result in a miscarriage or stillbirth. The police force repeals N.C. Gen. Stat. § 14-eighteen.2. |
| North Dakota* | N.D. Cent. Code, § 12.1-17.1-01 et seq. define ballgame, person and unborn kid. The law defines the murder and manslaughter of an unborn child and provides penalties. |
| Ohio* | Ohio Rev. Code Ann. § 2903.01 et seq. (2002) define aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, negligent homicide, aggravated vehicular homicide, aggravated vehicular assault, felonious assault, aggravated assault, set on and negligent assault. The law applies to a person, which includes an "unborn fellow member of the species Man sapiens, who is or was carried in the womb of another." |
| Oklahoma* | Okla. Stat. Ann. tit. 20 § 644 states that any person convicted of domestic abuse committed confronting a meaning woman with cognition of the pregnancy is guilty of a misdemeanor and whatever person convicted of domestic abuse committed confronting a pregnant adult female with knowledge of the pregnancy and a miscarriage or injury to the unborn kid occurs is guilty of a felony, punishable by imprisonment for not less than xx years. (2008 Okla. Sess. Laws, Chap 318, HB 1897) Okla. Stat. Ann. tit. 21 § 691 (2006) defines unborn child as a human being. Homicide does non include legal abortion or instances of death during normal medical, therapeutic or diagnostic testing. A mother shall not be prosecuted for the death of an unborn kid unless the death was a effect of criminal behavior. Okla. Stat. Ann. tit. 21 § 714 and § 652 (2005) revises civil wrongful expiry statutes to include the death of an unborn child; revises the provisions governing the intentional shooting with intent to kill another and any attack and battery upon another to add an unborn child; provides the penalty reference for anyone who willfully kills an unborn kid; provides an exemption for a legal abortion, or the usual and customary diagnostic testing or therapeutic handling. Okla. Stat. Ann. tit. 21 § 723 (2005) specifies that whatever criminal offense committed pursuant to the provisions of Department 652 and 713 of Championship 21, does not require proof that the person engaging in the acquit had noesis or should have had the noesis that the victim of the underlying law-breaking was pregnant or that the offender intended to cause the death or actual injury to the unborn child. |
| Pennsylvania* | Pa. Cons. Stat. Ann. tit. xviii § 106 and § 1102 et seq. ascertain classes of offenses, including crimes against an unborn child and provide penalties. Section 1102 was amended in 2008 to provide for the judgement of the outset caste murder and second degree murder of an unborn child (2008 HB 1845). Section 1102.1 was created in 2012 past Pa. Laws, Act 204 (SB 850) to provide for the sentence of a person nether the historic period of 18 for sure offenses, including murder of an unborn child. Pa. Cons. Stat. Ann. tit. 18. § 2601 et seq. define crimes against an unborn child, including criminal homicide, murder, voluntary manslaughter, and aggravated attack of an unborn kid. Unborn kid is defined as in § 3203, to mean an private organism of the species Man sapiens from fertilization until alive birth. |
| Rhode Island | R.I. Gen. Laws § 11-23-5 defines "quick child." The willful killing of an unborn quick child by any injury to the mother of that child is deemed manslaughter. |
| South Carolina* | S.C. Code Ann § xvi-3-1083 provides that a person who commits a violent crime that causes the death of, or injury to, a child in utero is guilty of a separate offense and that the person must exist punished every bit if the death or injury occurred to the unborn child'due south mother. The law also provides that the person must be punished for murder or attempted murder if the person intentionally killed or attempted to kill the unborn kid. The constabulary defines "unborn child" equally a kid in utero, and "child in utero" or "kid who is in utero" as a fellow member of the species Human sapiens, at whatever state of evolution, who is carried in the womb. The law does not employ to conduct relating to an ballgame for which the consent of the pregnant woman, or a person authorized by law to deed on her behalf, has been obtained or for which such consent is unsaid by law, or to a person for any medical treatment of the meaning woman or her unborn child. State vs. Horne, 319 S.Eastward.2d 703 (S.C. 1984) reversed voluntary manslaughter conviction, holding that the killing of a feasible human being in utero did not constitute a criminal homicide. The case refers to S.C. Code Ann. § 16-three-ten. Land vs. Ard, 505 Due south.E.2d328 (S.C. 1998) held, in relation to a murder confidence, that the terms "person" and "kid" in S.C. Code Ann. § 16-3-20 (C)(a) included a feasible fetus. |
| South Dakota* | South.D. Codification Laws Ann. § 22-16-41 defines vehicular homicide, which includes the death of an unborn child. Amended in 2003 to revise provisions concerning court suspensions and revocations of driver licenses; relates to driving while under the influence of booze or controlled substances and causing the expiry of another person, including an unborn kid (2006 HB 1163). S.D. Codified Laws Ann. § 22-16-ane.1 et seq. defines fetal homicide which refers to a person who knew, or reasonably should have known, that a woman begetting an unborn child was significant and acquired the death of the unborn child without lawful justification. The police force provides for penalties. Southward.D. Codified Laws Ann. § 22-16-iv defines homicide as murder in the get-go degree to include the expiry of a person or any other human being, including an unborn child. 2012 Senate Bill 148 defines the crimes of criminal battery and aggravated criminal battery of an unborn child and provides penalties. |
| Tennessee* | Tenn. Lawmaking Ann. § 39-thirteen-107 and § 39-13-214 were amended in 2012 by Tenn. Pub. Act, Chap. 1006 (HB 3517/SB 3412) to define "another," "individuals" and "another person" to include a human embryo or fetus at any stage of gestation in utero, when any such term refers to the victim of any human activity made criminal by the provisions of the law. |
| Texas* | Tex. Penal Code Ann. § 1.07 relates to the expiry of or injury to an unborn child and provides penalties. The constabulary defines an individual equally a human being who is live, including an unborn child at every stage of gestation from fertilization until birth. |
| Utah * | Utah Code Ann. § 76-5-201 et seq. declares that a person commits criminal homicide if the person intentionally, knowingly, recklessly causes the death of some other human being, including an unborn child at whatsoever stage of its development. This law was amended past 2010 Utah Laws, Chap. 13 (HB 462) to specify that a person is non guilty of criminal homicide of an unborn child if the sole reason for the death of the unborn child is that the person refused to consent to medical treatment or a cesarean section, or failed to follow medical advice. The amendment also states that a adult female is non guilty of criminal homicide of her own unborn child if the death of her unborn kid is caused by a criminally negligent human action or reckless act of the woman and is non caused past an intentional or knowing act of the woman. The subpoena also clarifies that criminal homicide constitutes aggravated murder (every bit defined by § 76-5-202) if the actor intentionally or knowingly causes the decease of another under several circumstances, including if the victim was younger than 14 years of age, only that this does non utilize to an unborn child. |
| Virginia | Va. Code § 18.two-32.2 (2004) declares that whatever person who unlawfully, willfully, deliberately, maliciously and with premeditation kills a fetus is guilty of a Class 2 felony. The police likewise provides penalties. 2012 Va. Acts, Chap. 725 (SB 674) provides that in cases of fetal death (as divers by § 32.i-249) caused by a wrongful act, neglect or default of any person, send, vessel or corporation, the natural mother of the fetus may bring an activity against such tortfeasor. No cause of action for the death of the fetus may be brought against the mother of the fetus. |
| Washington | Launder. Rev. Code Ann. § 9A.32.060 declares that a person is guilty of manslaughter in the outset degree when he or she intentionally and unlawfully kills an unborn quick child by inflicting whatsoever injury upon the mother of such kid. |
| Westward Virginia * | W. Va. Code § 61-ii-30 recognizes an embryo or fetus as a singled-out unborn victim of certain crimes of violence against a person, including homicide and manslaughter. |
| Wisconsin* | Wis. Stat. § 940.04 (two) et seq. declare that any person who intentionally destroys the life of an unborn quick kid or causes the expiry of the mother by an act done with intent to destroy the life of an unborn child is guilty of homicide. Information technology is unnecessary to prove that the fetus was alive when the human action and so causing the mother's death was committed. |
* Indicates states that have fetal homicide laws that apply to the earliest stages of pregnancy ("any state of gestation," "conception," "fertilization" or "postal service-fertilization").
** Massachusetts established fetal homicide/manslaughter laws only through example law, non through legislation.
Sources: National Conference of State Legislatures and StateNet
Note: List may not exist comprehensive, but is representative of state laws that exist. NCSL appreciates additions and corrections.
State Penalty-enhancement Laws for Crimes Against Pregnant Women
At to the lowest degree viii states--Colorado, Connecticut, Delaware, Iowa, Maine, New Mexico, Oregon and Wyoming--have penalty-enhancement laws for crimes against meaning women. These laws are considered different than fetal homicide laws because they do non create a separate criminal charge for the loss of the fetus. The laws in these states consider the loss of or damage to a fetus in relation to the pregnant woman or her pregnancy. Depending on interpretation, some entities may view the telescopic of this issue differently. This webpage is intended to include a range of legislation on this upshot and is not intended to serve as a source for legal definitions.
| Country | Summary of Statutes and Case Laws |
| Colorado | Colo. Rev. Stat. §18-1.3-401 (thirteen) specifies that a courtroom shall sentence a accused bedevilled of committing specified offenses against a pregnant woman, if the defendant knew or reasonably should accept known that the victim was pregnant, to a term of at least the midpoint, only non more than twice the maximum, of the presumptive range for the punishment of the offense. Colo. Rev. Stat. §18-1.3-501 (6) establishes that a court shall judgement a defendant convicted of attack in the 3rd degree to a term of imprisonment of at to the lowest degree six months, but not longer than the maximum judgement authorized for the offense, if the victim of the assault was a meaning woman and the defendant knew or should have known that the victim was pregnant. Colo. Rev. Stat. §18-1.3-1201 defines aggravating factors in the sentence of death or life imprisonment. The law defines the intentional killing of a significant woman with the cognition that she was pregnant equally an aggravating factor. |
| Connecticut | Conn. Gen. Stat. § 53a-924-59a defines the criminal offense of assault of an elderly, bullheaded, disabled, pregnant person or person with an intellectual disability in the first degree. Information technology is a Course B felony and carries a minimum prison house sentence of 5 years. This charge can be added to the charge of assault in the commencement degree. Conn. Gen. Stat. § 53a-924-59c defines the crimes of assault of a pregnant woman resulting in termination of pregnancy. It is a Class A felony. A person is guilty of this criminal offense if they commit assault of a pregnant adult female and it results in the termination of pregnancy. Conn. Gen. Stat. § 53a-924-60b defines the criminal offense of assault of an elderly, blind, disabled, significant person or person with an intellectual disability in the second degree. It is a Class D felony and carries a minimum prison house sentence of 2 years. This charge tin can be added to the charge of assault or larceny in the second caste. Conn. Gen. Stat. § 53a-924-60c defines the crime of assault of an elderly, blind, disabled, pregnant person or person with an intellectual inability in the second caste with a firearm. It is a Grade D felony and carries a minimum prison judgement of 3 years. This charge tin be added to the charge of assault in the second degree or attack in the second degree with a firearm. Conn. Gen. Stat. § 53a-924-61a defines the criminal offense of assail of an elderly, bullheaded, disabled, pregnant person or person with an intellectual disability in the third degree. It is a Class A misdemeanor and carries a minimum prison sentence of 1 twelvemonth. This accuse can exist added to the charge of assault in the third degree. |
| Delaware | Del. Code Ann. § eleven-5-605 creates the charge of abuse of a pregnant women in the second degree. Abuse of a pregnant woman in the 2d degree is a class C felony. The charge is applied when anyone causes the unintentional termination of a pregnancy while committing or attempting to commit a third degree assault or whatever violent felony. Prosecution under this section does non prevent prosecution under any other section of the Delaware Code. Abuse of a pregnant female in the second degree is a class C felony. Del. Code Ann. § xi-5-606 creates the charge of abuse of a meaning women in the first degree. Abuse of a pregnant woman in the first degree is a course B felony. The charge is applied when anyone causes the intentional termination of a pregnancy while committing or attempting to commit a third degree assault or any violent felony. Prosecution under this section does non preclude prosecution nether any other section of the Delaware Code. Abuse of a pregnant female in the first degree is a class B felony. |
| Iowa | Iowa Code §707.8 provides penalties for the nonconsensual termination or serious injury to a homo pregnancy. Specifically, the law defines penalties for a person who terminates a human pregnancy without the consent of the significant person under specified circumstances. The law also defines serious injury to a human pregnancy and provides for penalties to a person who causes serious injury to a human pregnancy under specified circumstances. |
| Maine | Me. Rev. Stat. Ann. tit. 17-A § 208-C provides that a person is guilty of elevated aggravated assault on a pregnant person if that person intentionally or knowingly causes serious bodily injury to a person they know or has reason to know is pregnant. "Serious bodily injury" is defined to include actual injury that results in the termination of a pregnancy. These provisions do not utilize to an abortion for which the pregnant adult female has consented, or to any medical treatment of the significant woman or the fetus. (2005 Me. Laws, Chap. 408, LD 262) |
| New Mexico | NM Stat. Ann. § 30-3-7 states that injury to a pregnant woman consists of a person other than the woman injuring a pregnant woman in the commission of a felony causing her to suffer a miscarriage or stillbirth every bit a result of that injury. |
| Oregon | Or. Rev. Stat. § 163.155 provides that when a defendant, who was at least fifteen years of age at the time of committing the murder, is bedevilled of murdering a meaning victim and the defendant knew that the victim was pregnant, the defendant shall be sentenced to life imprisonment without the possibility of release or parole or to life imprisonment. Or. Rev. Stat. § 163.160 Assail in the fourth degree goes from a Grade A misdemeanor to a Class C felony if the person commits the assault knowing the victim is pregnant. Or. Rev Stat. § 163.185 Set on in the 2d degree becomes set on in the start caste if the person commits the set on knowing the victim is pregnant. |
| Wyoming | Wy. Stat. § 6-2-502 provides that a person is guilty of aggravated assault and battery if they knowingly or recklessly cause bodily harm to a woman whom they know is pregnant. |
Boosted Resource
Pro-Choice and Pro-Life Organizations
- National Right to Life Commission (NRLC)
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The Guttmacher Institute
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Source: https://www.ncsl.org/research/health/fetal-homicide-state-laws.aspx
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