| | 1.__A person is guilty of voluntary manslaughter of an unborn | child if the person causes the death of an unborn child: |
|
| A.__While under the influence of extreme anger or extreme | fear brought about by adequate provocation and the person | negligently or accidentally causes the death of the unborn | child.__Adequate provocation has the same meaning as in | section 201, subsection 4; or |
|
| B.__And at the time of the killing, the person believes the | circumstances to be such that, if they existed, would | justify or exonerate the killing, but the person's belief is | unreasonable. |
|
| | 2.__This section does not apply to: |
|
| A.__Acts that cause the death of an unborn child if those | acts are committed during any abortion, lawful or unlawful, | to which the pregnant woman consents; or |
|
| B.__Acts that are committed pursuant to usual and customary | standards of medical practice during diagnostic testing or | therapeutic treatment. |
|
| | 3.__Voluntary manslaughter of an unborn child is a Class A | crime. |
|
| | 4.__Prosecution of a person under this section does not | prohibit the prosecution of the person under any other law. |
|
| §224.__Involuntary manslaughter of unborn child |
|
| | 1.__A person is guilty of involuntary manslaughter of an | unborn child if the person recklessly causes the death of an | unborn child. |
|
| | 2.__This section does not apply to: |
|
| A.__Acts that cause the death of an unborn child if those | acts are committed during any abortion, lawful or unlawful, | to which the pregnant woman consents; or |
|
| B.__Acts that are committed pursuant to usual and customary | standards of medical practice during diagnostic testing or | therapeutic treatment. |
|
| | 3.__Involuntary manslaughter of an unborn child is a Class B | crime, except that it is a defense to the prosecution of an | involuntary manslaughter of an unborn child based upon the | reckless or criminally negligent operation of a motor vehicle, | which reduces the crime to a Class C crime, that the death of the |
|
|