§ 11-23-5 - Willful killing of unborn quick child.
SECTION 11-23-5
§ 11-23-5 Willful killing of unborn quickchild. – (a) The willful killing of an unborn quick child by any injury to the mother ofthe child, which would be murder if it resulted in the death of the mother; theadministration to any woman pregnant with a quick child of any medication,drug, or substance or the use of any instrument or device or other means, withintent to destroy the child, unless it is necessary to preserve the life of themother; in the event of the death of the child; shall be deemed manslaughter.
(b) In any prosecution under this section, it shall not benecessary for the prosecution to prove that any necessity existed.
(c) For the purposes of this section, "quick child" means anunborn child whose heart is beating, who is experiencingelectronically-measurable brain waves, who is discernibly moving, and who is sofar developed and matured as to be capable of surviving the trauma of birthwith the aid of usual medical care and facilities available in this state.