Sec. 1. 17-A MRSA §203-A is enacted to read:

§203-A.__Voluntary manslaughter of unborn child

1.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

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

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

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

2.__A person is guilty of voluntary manslaughter of an unborn child if the person intentionally or knowingly causes the death of the unborn child, the person knows the pregnant woman is pregnant and the pregnant woman wishes to continue the pregnancy.

3.__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.

4.__Voluntary manslaughter of an unborn child is a Class A crime.

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

SUMMARY

This bill creates a new crime against unborn children and pregnant mothers. Voluntary manslaughter of an unborn child is a Class A crime and consists of intentionally or knowingly causing the death of an unborn child when the perpetrator knows the woman is pregnant and the woman wishes to continue the pregnancy.

These crimes do not apply to an abortion to which the pregnant woman has consented, nor do they apply to acts committed