State Law on Killing of a Fetus Expanded

L.A. Times ^ | Tuesday April 6, 2004 | Maura Dolan

[markv840]

SAN FRANCISCO — The killer of a pregnant woman can be found guilty of the murder of her fetus as well, even if the assailant did not know the victim was pregnant, the California Supreme Court ruled Monday.

The court's 6-1 decision expands the reach of a 1970 state law that made it possible for prosecutors to charge assailants with the death of a fetus when a pregnant woman is attacked. A similar federal law making it a crime to kill a fetus in the commission of a federal offense was signed into law last week. Both laws exempt abortion.

[markv840]

Yet another step in the right direction...

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[ElkGroveDan]

Both laws exempt abortion.

What happens if -- God forbid -- a woman is on her way to have an abortion, and she is killed before getting there?

[rocky88]

I can't help but wonder if the massive media attention of the Scott Peterson investigation on Fox, CNN and others are partially responsible for the passage of this bill and the Federal bill.

If it had not been constantly in the public eye, the crime would have been forgotten about, like most heinous acts in this country (9/11 anyone?)

Guess there is some good to come out of this horrific crime against Laci and Conner.

[markv840]

it's still murder, suppose a person has brain tumor and he's got only a few weeks to live; now, someone shoots him during an armed robbery, it's still murder. Just because someone is going to die anyway, it doesn't mean someone else can kill them without worrying about the consequences.

[ElkGroveDan]

it's still murder, suppose a person has brain tumor and he's got only a few weeks to live; now, someone shoots him during an armed robbery, it's still murder. Just because someone is going to die anyway, it doesn't mean someone else can kill them without worrying about the consequences.

I agree with you. However I was making a comparison to show the idiocy of the whole "choice" argument, and the insanity of allowing any abortions after society concludes that killing a fetus is indeed murder.

I can guarantee you that some day a lawyer is going to make an argument that the woman was pondering an abortion and therefore the client is only guilty of one murder. Give it time, it will happen.

[Lady Eileen]

bump

[expatguy]

The law seems now to contradict itself.

[markv840]

I can guarantee you that some day a lawyer is going to make an argument that the woman was pondering an abortion and therefore the client is only guilty of one murder. Give it time, it will happen.

Oh, I'm sure it will happen (I'm not being sarcastic).

[kdot]

The opposition to this bill by women's groups proves that they are more pro-abortion than pro-woman. Otherwise, they would see this as a protection for women in general. Not knowing if one is pregnant should be an extra incentive not to victimize a woman (as if another is necessary). Why not:

If it saves the life of one woman (or child)...

This law reinforces the point that women are off-limits as targets of violence...

This law does nothing to hurt a woman and offers protection in her most vulnerable condition...

A child's life matters...

Tell criminals that harming women wont be tolerated...

[LiteKeeper]

SPOTREP - L'Chaim

[markv840]

The opposition to this bill by women's groups proves that they are more pro-abortion than pro-woman. Otherwise, they would see this as a protection for women in general. Not knowing if one is pregnant should be an extra incentive not to victimize a woman (as if another is necessary). Why not: If it saves the life of one woman (or child)... This law reinforces the point that women are off-limits as targets of violence... This law does nothing to hurt a woman and offers protection in her most vulnerable condition... A child's life matters... Tell criminals that harming women wont be tolerated...

I agree, but why just women, I think it must be stated that taking the life of, or harming another human being must be punished to the fullest extent of the law, the same punishment must be applied, justice is blind, at least it is supposed to be. A crime against a fellow human being (man, woman, born and unborn) should be punished with the same severity.