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http://www.nrlc.org/Unborn_Victims/sthomicidelaws.htm

State Homicide Laws That Recognize Unborn Victims
National Right to Life Committee
Federal Legislative Office
September 2, 1999

Full-Coverage Unborn Victim States (11)
(States With Homicide Laws That Recognize Unborn Children as Victims Throughout the Period of Pre-natal Development)

Click on the link below for a map detailing state homicide laws that recognize unborn victims.

http://www.cnn.com/interactive/allpolitics/0104/fetus.laws/frameset.exclude.html

Arizona: The killing of an "unborn child" at any stage of pre-natal development is manslaughter. Ariz. Rev. Stat. ' 13-1103(A)(5) (West 1989 & Supp. 1998).

Illinois: The killing of an "unborn child" at any stage of pre-natal development is intentional homicide, voluntary manslaughter, or involuntary manslaughter or reckless homicide. Ill. Comp. Stat. ch. 720, ''5/9-1.2, 5/9-2.1, 5/9-3.2 (1993).

Louisiana: The killing of an "unborn child" is first degree feticide, second degree feticide, or third degree feticide. La. Rev. Stat. Ann. '' 14:32.5-14.32.8, read with '' 14:2(1), (7), (11)(West 1997).

Minnesota: The killing of an "unborn child" at any stage of pre-natal development is murder (first, second, or third degree) or manslaughter (first or second degree). It is also a felony to cause the death of an "unborn child" during the commission of a felony. Minn. Stat. Ann. '' 609.266, 609.2661-609.2665, 609.268(1) (West 1987). The death of an "unborn child" through operation of a motor vehicle is criminal vehicular operation. Minn. Stat. Ann. ' 609.21 (West 1999).

Missouri: The killing of an "unborn child" at any stage of pre-natal development is involuntary manslaughter or first degree murder. Mo. Ann. Stat. '' 1.205, 565.024, 565.020 (Vernon Supp. 1999), State v. Knapp, 843 S.W.2d 345 (Mo. 1992), State v. Holcomb, 956 S.W.2d 286 (Mo. App. W.D. 1997).

North Dakota: The killing of an "unborn child" at any stage of pre-natal development is murder, felony murder, manslaughter, or negligent homicide. N.D. Cent. Code '' 12.1-17.1-01 to 12.1-17.1-04 (1997).

Ohio: At any stage of pre-natal development, if an "unborn member of the species homo sapiens, who is or was carried in the womb of another" is killed, it is aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, negligent homicide, aggravated vehicular homicide, and vehicular homicide. Ohio Rev. Code Ann. '' 2903.01 to 2903.07, 2903.09 (Anderson 1996 & Supp. 1998).

Pennsylvania: The killing of an "unborn child" at any stage of pre-natal development is first, second, or third-degree murder, or voluntary manslaughter. 18 Pa. Cons. Stat. Ann. '' 2601 to 2609 (1998).

South Dakota: The killing of an "unborn child" at any stage of pre-natal development is fetal homicide, manslaughter, or vehicular homicide. S.D. Codified Laws Ann. ' 22-16-1, 22-16-1.1, 22-16-15(5), 22-16-20, and 22-16-41, read with '' 22-1-2(31), 22-1-2(50A)(Supp. 1997).

Utah: The killing of an "unborn child" at any stage of pre-natal development is treated as any other homicide. Utah Code Ann. ' 76-5-201 et seq. (Supp. 1998).

Wisconsin: The killing of an "unborn child" at any stage of pre-natal development is first-degree intentional homicide, first-degree reckless homicide, second-degree intentional homicide, second-degree reckless homicide, homicide by negligent handling of dangerous weapon, explosives or fire, homicide by intoxicated use of vehicle or firearm, or homicide by negligent operation of vehicle. Wis. Stat. Ann. '' 939.75, 939.24, 939.25, 940.01, 940.02, 940.05, 940.06, 940.08, 940.09, 940.10 (West 1998).

Partial-Coverage Unborn Victim States (13)
(States With Homicide Laws That Recognize Unborn Children
As Victims, But Only During Part of the Period of Pre-natal Development)

Note: These laws are gravely deficient because they do not recognize unborn children as victims during certain periods of their pre-natal development. Nevertheless, they are described here for informational purposes.

Arkansas: The killing of an "unborn child" of twelve weeks or greater gestation is murder, manslaughter, or negligent homicide. Enacted April 9, 1999, 1999 AR H.B. 1329. (A separate Arkansas law makes it a battery to cause injury to a woman during a felony or Class A misdemeanor to cause her to undergo a miscarriage or stillbirth, or to cause injury under conditions manifesting extreme indifference to human life and that results in a miscarriage or stillbirth.)

California: The killing of an unborn child after the embryonic stage is murder. Cal. Pen. Code ' 187(a) (West 1999).

Florida: The killing of an "unborn quick child" is manslaughter. Fla. Stat. Ann. ' 782.09 (West 1992).

The killing of an unborn child after viability is vehicular homicide. Fla. Stat. Ann. ' 782.071 (West 1999).

Georgia: The killing of an "unborn child" after quickening is feticide, vehicular feticide, or feticide by vessel. Ga. Code Ann. ' 16-5-80 (1996); ' 40-6-393.1 (1997); and ' 52-7-12.3 (1997).

Massachusetts: The killing of an unborn child after viability is vehicular homicide. Commonwealth v. Cass, 467 N.E.2d 1324 (Mass. 1984). The killing of an unborn child after viability is involuntary manslaughter. Commonwealth v. Lawrence, 536 N.E.2d 571 (Mass. 1989).

Michigan: The killing of an "unborn quick child" is manslaughter. Mich. Stat. Ann. ' 28.554 (Callaghan 1990). The Supreme Court of Michigan has interpreted this statute to apply to only those unborn children who are viable. Larkin v. Cahalan, 208 N.W.2d 176 (Mich. 1973). (A separate Michigan law, effective Jan. 1, 1999, provides felony penalties for actions that intentionally, or in wanton or willful disregard for consequences, cause a "miscarriage or stillbirth," or cause physical injury to an "embryo or fetus.")

Mississippi: The killing of an "unborn quick child" is manslaughter. Miss. Code Ann. ' 97-3-37 (1994).

Nevada: The killing of an "unborn quick child" is manslaughter. Nev. Rev. Stat. ' 200.210 (1997).

Oklahoma: The killing of an "unborn quick child" is manslaughter. Okla. Stat. Ann. tit. 21, ' 713 (West 1983). The killing of an unborn child after viability is homicide. Hughes v. State, 868 P.2d 730 (Okla. Crim. App. 1994).

Rhode Island: The killing of an "unborn quick child" is manslaughter. The statute defines "quick child" to mean a viable child. R.I. Gen. Laws ' 11-23-5 (1994).

South Carolina: The killing of an unborn child after viability is homicide. State v. Horne, 319 S.E.2d 703 (S.C. 1984); State v. Ard, 505 S.E.2d 328 (S.C. 1998).

Tennessee: The killing of an unborn child after viability is first-degree murder, second-degree murder, voluntary manslaughter, vehicular homicide, and reckless homicide. Tenn. Code Ann. ' 39-13-201, 39-13-202, 39-13-210, 39-13-211, 39-13-213, 39-13-214, 39-13-215 (1997 & Supp. 1998).

Washington: The killing of an "unborn quick child" is manslaughter. Wash. Rev. Code Ann. ' 9A.32.060(1)(b) (West Supp. 1999).

States Without Unborn Victims Laws, Which Instead
Criminalize Certain Conduct That ATerminates a Human Pregnancy@
Or That Causes a Miscarriage (7)

Note: These laws are gravely deficient, because they do not recognize unborn children as victims, nor allow justice to be done on their behalf. These laws are included here for informational purposes.

Indiana: An individual who knowingly or intentionally "terminates a human pregnancy" commits feticide. Ind. Code Ann. ' 35-42-1-6 (Burns 1994 & Supp. 1998).

Iowa: An individual who intentionally "terminates a human pregnancy" without the consent of the pregnant woman commits a felony. This law also sets forth other crimes involving the termination of a human pregnancy, such as during the commission of a forcible felony. Iowa Code Ann. ' 707.8 (West Supp. 1999).

Kansas: Injury to a pregnant woman during the commission of a felony or misdemeanor which causes a miscarriage results in specific levels of offense severity. Kan. Stat. Ann. ' 21-3440 (1997). Also, injury to a pregnant woman through the operation of a motor vehicle which causes a miscarriage results in specific levels of offense severity. Kan. Stat. Ann. ' 21-3441 (1997).

New Hampshire: It is a felony to cause injury to another person that results in a miscarriage or stillbirth. N.H. Rev. Stat. Ann. '' 631:1-631:2 (1996).

New Mexico: It is a felony to injure a pregnant woman during the commission of a felony and cause her to undergo a miscarriage or stillbirth. N.M. Stat. Ann. ' 30-3-7 (Michie 1994). It is also a crime to injure a pregnant woman through the unlawful operation of a vehicle which causes her to undergo a miscarriage or stillbirth. N.M. Stat. Ann. '' 66-8-101.1 (Michie 1998).

North Carolina: It is a felony to injure a pregnant woman during the commission of a felony and cause her to undergo a miscarriage or stillbirth. It is a misdemeanor to cause a miscarriage or stillbirth during a misdemeanor act of domestic violence. N.C. Gen. Stat. ' 14-18.2 (Supp. 1998).

Virginia: The premeditated killing of a pregnant woman with the intent to cause the termination of her pregnancy is capital murder. Va. Code Ann. ' 18.2-31 (Michie Supp. 1998). The unpremeditated killing of a pregnant woman with the intent to cause the termination of her pregnancy is also a crime. Va. Code Ann. ' 18.2-32.1 (Michie Supp. 1998). It is a felony to injure a pregnant woman with the intent to maim or kill her or to terminate her pregnancy and she is injured or her pregnancy is terminated. Va. Code Ann. ' 18.2-51.2 (Michie Supp. 1998).

New York: Conflicting Statutes

New York: Under New York statutory law, the killing of an "unborn child" after twenty-four weeks of pregnancy is homicide. N.Y. Pen. Law ' 125.00 (McKinney 1998). But under a separate statutory provision, a "person" that is the victim of a homicide is statutorily defined as "a human being who has been born and is alive." N.Y. Pen. Law ' 125.05 (McKinney 1998). See People v. Joseph, 130 Misc. 2d 377, 496 N.Y.S.2d 328 (County Court 1985); In re Gloria C., 124 Misc.2d 313, 476 N.Y.S.2d 991 (N.Y. Fam. Ct. 1984); People v. Vercelletto, 514 N.Y.S.2d 177 (Co.Ct. 1987).

Click on the link below for a map detailing state homicide laws that recognize unborn victims.

http://www.cnn.com/interactive/allpolitics/0104/fetus.laws/frameset.exclude.html

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