Sec. 1. 17-A MRSA c. 10 is enacted to read:

CHAPTER 10

OFFENSES AGAINST AN UNBORN CHILD

§221.__Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1.__"Abortion" has the same meaning as set forth in Title 22, section 1598, subsection 2.

2.__"Person" does not include the pregnant woman whose unborn child is killed or injured.

3.__"Unborn child" means any individual of the human species from fertilization until birth.

§222.__Intentional homicide of unborn child

1.__ A person is guilty of intentional homicide of an unborn child if the person intentionally or knowingly causes the death of the unborn child and the person knows the pregnant woman is pregnant.

2.__This section does not apply to:

A.__Acts that cause the death of an unborn child if those acts are committed during an 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.__It is an affirmative defense to a prosecution under subsection 1 if 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.

4.__Intentional homicide of an unborn child is punishable as is murder under chapter 51.

5.__Prosecution of a person under this section does not prohibit the prosecution of the person under any other law.

§223.__Voluntary manslaughter of unborn child