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

CHAPTER 10

OFFENSES AGAINST 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 the state of fetal development when the life of the fetus may be continued indefinitely outside the womb by natural or artificial life-supportive systems until birth.

§222.__Murder of unborn child

1.__A person is guilty of murder of an unborn child if the person:

A.__Intentionally or knowingly causes the death of the unborn child; or

B.__Engages in conduct that manifests a depraved indifference to the value of the unborn child's life and that in fact causes the death of the unborn child.

2.__For purposes of subsection 1, paragraph B, when the crime of depraved indifference murder is charged, the crime of criminally negligent manslaughter is deemed to be charged.

3.__The sentence for murder of an unborn child is as authorized in chapter 51.

4.__It is an affirmative defense to a prosecution under subsection 1, paragraph A that the person caused the death while under the influence of extreme anger or extreme fear brought about by adequate provocation.

5.__For purposes of subsection 4, provocation is adequate if: