12.1-17.1 Offenses Against Unborn Children
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<![CDATA[CHAPTER 12.1-17.1OFFENSES AGAINST UNBORN CHILDREN12.1-17.1-01. Definitions. As used in this chapter:1."Abortion" means the termination of human pregnancy with an intention other than to<br>produce a live birth or to remove a dead embryo or fetus.2."Person" does not include the pregnant woman.3."Unborn child" means the conceived but not yet born offspring of a human being,<br>which, but for the action of the actor would beyond a reasonable doubt have<br>subsequently been born alive.12.1-17.1-02. Murder of an unborn child.1.A person is guilty of murder of an unborn child, a class AA felony, if the person:a.Intentionally or knowingly causes the death of an unborn child;b.Causes the death of an unborn child under circumstances manifesting extreme<br>indifference to the value of the life of the unborn child or the pregnant woman;<br>orc.Acting either alone or with one or more other persons, commits or attempts to<br>commit treason, robbery, burglary, kidnapping, felonious restraint, arson, gross<br>sexual imposition, or escape and, in the course of and in furtherance of such<br>crime or of immediate flight therefrom, the person, or another participant, if any,<br>causes the death of an unborn child; except that in any prosecution under this<br>subsection in which the defendant was not the only participant in the underlying<br>crime, it is an affirmative defense that the defendant:(1)Did not commit the homicidal act or in any way solicit, command, induce,<br>procure, counsel, or aid the commission thereof;(2)Was not armed with a firearm, destructive device, dangerous weapon, or<br>other weapon that under the circumstances indicated a readiness to<br>inflict serious bodily injury;(3)Reasonably believed that no other participant was armed with such a<br>weapon; and(4)Reasonably believed that no other participant intended to engage in<br>conduct likely to result in death or serious bodily injury.Subdivisions a and b are inapplicable in the circumstances covered by subsection 2.2.A person is guilty of murder of an unborn child, a class A felony, if the person causes<br>the death of an unborn child under circumstances which would be class AA murder,<br>except that the person causes the death of the unborn child under the influence of<br>extreme emotional disturbance for which there is reasonable excuse.Thereasonableness of the excuse must be determined from the viewpoint of a person in<br>the person's situation under the circumstances as the person believes them to be.<br>An extreme emotional disturbance is excusable, within the meaning of this<br>subsection only, if it is occasioned by substantial provocation or a serious event or<br>situation for which the offender was not culpably responsible.Page No. 112.1-17.1-03. Manslaughter of an unborn child. A person is guilty of manslaughter ofan unborn child, a class B felony, if the person recklessly causes the death of an unborn child.12.1-17.1-04. Negligent homicide of an unborn child. A person is guilty of negligenthomicide of an unborn child, a class C felony, if the person negligently causes the death of an<br>unborn child.12.1-17.1-05. Aggravated assault of an unborn child. A person is guilty of assault ofan unborn child, a class C felony, if that person willfully assaults a pregnant woman and inflicts<br>serious bodily injury on an unborn child.12.1-17.1-06. Assault of an unborn child. A person is guilty of assault of an unbornchild, a class A misdemeanor, if the person willfully assaults a pregnant woman and inflicts bodily<br>injury on an unborn child.12.1-17.1-07. Exception. This chapter does not apply to acts or omissions that causethe death or injury of an unborn child if those acts or omissions are committed during an abortion<br>performed by or under the supervision of a licensed physician to which the pregnant woman has<br>consented, nor does it apply to acts or omissions that are committed pursuant to usual and<br>customary standards of medical practice during diagnostic or therapeutic treatment performed by<br>or under the supervision of a licensed physician.12.1-17.1-08. Other convictions not prohibited. A prosecution for or conviction underthis chapter is not a bar to conviction of or punishment for any other offense committed by a<br>person as part of the same conduct.Page No. 2Document Outlinechapter 12.1-17.1 offenses against unborn children]]>