| | | 1.__A person is guilty of voluntary manslaughter of an unborn | | child if the person causes the death of an unborn child: |
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| | | 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 |
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| | | 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. |
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| | | 2.__This section does not apply to: |
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| | | 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 |
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| | | B.__Acts that are committed pursuant to usual and customary | | standards of medical practice during diagnostic testing or | | therapeutic treatment. |
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| | | 3.__Voluntary manslaughter of an unborn child is a Class A | | crime. |
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| | | 4.__Prosecution of a person under this section does not | | prohibit the prosecution of the person under any other law. |
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| | | §224.__Involuntary manslaughter of unborn child |
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| | | 1.__A person is guilty of involuntary manslaughter of an | | unborn child if the person recklessly causes the death of an | | unborn child. |
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| | | 2.__This section does not apply to: |
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| | | 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 |
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| | | B.__Acts that are committed pursuant to usual and customary | | standards of medical practice during diagnostic testing or | | therapeutic treatment. |
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| | | 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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