LD 1128
pg. 2
Page 1 of 4 An Act Creating Offenses Against Unborn Children Page 3 of 4
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LR 1916
Item 1

 
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


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