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 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.__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 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.__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 unborn child resulted from conduct that would otherwise be defined as only a civil violation or civil infraction.

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

§225.__Assault on unborn child

1.__A person is guilty of assault on an unborn child if the person intentionally or knowingly causes bodily injury to an unborn child.

2.__This section does not apply to:

A.__Acts that cause bodily injury to 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.__ Assault on an unborn child is a Class D crime.

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

§226.__Aggravated assault on unborn child

1.__A person is guilty of aggravated assault on an unborn child if the person, in committing assault on an unborn child, intentionally or knowingly causes serious bodily injury to the unborn child.

2.__This section does not apply to:

A.__Acts that cause serious bodily injury to 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.__ Aggravated assault on an unborn child is a Class C crime.

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

SUMMARY

This bill creates new crimes against unborn children. Punishment for intentionally or knowingly causing the death of an unborn child is the same as for murder. Voluntary manslaughter of an unborn child is a Class A crime. Recklessly causing the death of an unborn child is a Class B crime, except that it is reduced to a Class C crime if the death was caused by the reckless operation of a motor vehicle. Assault and aggravated assault on an unborn child are Class D and Class C crimes, respectively.

These crimes do not apply to an abortion to which the pregnant woman has consented, nor do they apply to acts committed pursuant to usual and customary standards of medical practice during diagnostic or therapeutic treatment. These crimes do not apply to the pregnant woman.