B.__Bodily injury to the unborn child with use of a dangerous weapon; or

C.__Bodily injury to the unborn child under circumstances manifesting extreme indifference to the value of human life.__ Such circumstances include, but are not limited to, the number, location or nature of the injuries and the manner or method inflicted.

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.__Aggravated assault on an unborn child is a Class B crime.

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

§227.__Elevated aggravated assault on unborn child

1.__A person is guilty of elevated aggravated assault on an unborn child if that person:

A.__Intentionally or knowingly causes serious bodily injury to an unborn child with the use of a dangerous weapon;

B.__Engages in conduct that manifests a depraved indifference to the value of human life and that in fact causes serious bodily injury to an unborn child with the use of a dangerous weapon; or

C.__With terroristic intent engages in conduct that in fact causes serious 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