Crimes Against The Unborn Child

Topic:INFANTS; JUVENILES; CHILD WELFARE; MURDER; CRIME; Location:CHILDREN'S RIGHTS;

February 23, 1999		99-R-0272
CRIMES AGAINST THE UNBORN CHILD
By: Benjamin H. Hardy, Research Analyst

You asked which states include crimes against unborn children in their statutes.

SUMMARY

Twenty-four states make killing or injuring an unborn child a crime, often in conjunction with crimes against the child's mother. Legal abortions do not fall within the purview of these laws. In many cases the proscription is general, but some statutes cover only crimes against the viable or quick child. A viable child is one whose level of development renders it capable of surviving outside the womb. A quick child is one that makes detectable movements in the womb.

STATES THAT MAKE KILLING AN UNBORN CHILD A CRIME

Arizona

Manslaughter includes the death of an unborn child by physical injury to its mother that would be murder had the mother died.

Arkansas

Battery includes physical injury to a pregnant woman resulting in stillbirth or miscarriage.

California

Murder, defined as unlawful killing with malice aforethought, includes the killing of a fetus.

Florida

Manslaughter includes the willful killing of an unborn quick child. Vehicular homicide includes the killing of a viable fetus. But for assault and battery an unborn fetus is not a “person.”

Georgia

Feticide is the willful killing of an unborn quick child.

Illinois

Intentional homicide of an unborn child involves intent to cause death or great bodily harm to a pregnant woman or her unborn child, where the offender knew or should have known the woman was pregnant. Manslaughter, reckless homicide, battery, and aggravated battery include an unborn child, defined to cover the period from fertilization to birth.

Indiana

Murder and manslaughter include the killing of a viable fetus. Feticide is knowingly or intentionally terminating a human pregnancy, excluding abortion in compliance with the state abortion statute.

Iowa

Feticide is the intentional termination of a pregnancy after the end of the second trimester. Abortion by a doctor to save a mother's life and health is excepted.

Louisiana

Criminal statutes define feticide in the first, second, and third degree. Feticide in the first degree involves specific intent to kill or inflict great bodily harm. Feticide in the second degree involves killing without intent during listed felonies/misdemeanors except first-degree feticide. Third degree feticide involves killing through criminal negligence.

Michigan

Manslaughter includes the willful killing (including by medicine or instrument) of an unborn quick child through injury to its mother.

Minnesota

First, second, and third degree murder includes the killing of an unborn child. First degree murder is deemed premeditated when it involves criminal sexual conduct (or attempted conduct) upon the mother. Second degree murder is intentional but not premeditated, or unintentional during commission of a felony. Third degree murder is unintentional but involves a reckless act. Also, “vehicular operation resulting in death to an unborn child” results from grossly negligent operation of a vehicle or driving while intoxicated.

Mississippi

Manslaughter includes the willful killing of an unborn quick child by injury to its mother that would be murder had the mother died.

Nevada

Manslaughter includes the killing of an unborn quick child by injury to its mother.

New Hampshire

First degree assault includes intentionally or knowingly causing injury resulting in stillbirth or miscarriage.

New Mexico

Injury to a pregnant woman in the commission of a felony resulting in miscarriage or stillbirth is a separate offense.

North Dakota

Murder includes causing the death of an unborn child intentionally, with extreme indifference to the life of the child or of a pregnant woman, or during listed felonies. Manslaughter includes recklessly causing the death of an unborn child. Negligent homicide includes the killing of an unborn child.

Ohio

For the purpose of the homicide law, the definition of “person” includes a viable unborn human. Homicide includes unlawful termination of pregnancy or harm to “another's unborn.”

Oklahoma

Manslaughter includes the killing of an unborn quick child by injuring its mother.

Pennsylvania

Criminal homicide (malicious homicide or voluntary manslaughter) of an unborn child includes intentional, knowing, reckless, or negligent cause of death.

Rhode Island

Manslaughter includes the willful killing of an unborn quick child through injury that would be murder had the pregnant woman died. A quick child is defined as one who is viable.

South Dakota

The criminal code defines “person” to include an unborn child from fertilization to a live birth. Fetal homicide is a separate offense. Assault includes conduct that injures a fetus subsequently born alive. Unauthorized abortion includes intentional killing of a fetus through injury to the mother.

Utah

All homicide statutes apply to causing the death of an unborn child.

Washington

First degree manslaughter includes intentional, unlawful killing of an unborn quick child by inflicting injury on its mother.

Wisconsin

Definitions of homicide and battery include acts against an unborn child.

SOURCES

We referred to three sources in preparing the state-by-state information:

1. A March 31, 1995 Office of Legislative Research report, “Feticide” (95-R-0372).

2. An August 13, 1996 memorandum, “Feticide and Wrongful Death Laws,” by Janet Crepps of the Center for Reproductive Law and Policy (CRLP, telephone 212-514-5534).

3. A February 12, 1999 memorandum, “Status of Unborn Child in State Criminal Laws,” by Rhonda Gonzalez of the National Conference of State Legislatures (NCSL, telephone 303-839-0275). The NCSL search was undertaken to update the CRLP study.

These studies provide citations of the relevant state statutes. Copies of all three documents are available in the Legislative Library.

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