PRIA, Government Policy, Made Personal

Summary

Creates a separate federal crime when someone breaks certain federal laws listed in the statute and that action causes the death of, or the kind of bodily harm described in section 1365, to an unborn child (a child in utero). The offender is punished the same way they would be if the injury or death had happened to the pregnant woman, unless the person intentionally kills or tries to kill the unborn child, in which case they are punished under sections 1111, 1112, and 1113 for murder or attempted murder. The death penalty cannot be used for this offense. Prosecutors do not have to prove the person knew the victim was pregnant or that the person meant to hurt the unborn child. This law does not allow charging anyone for an abortion with the pregnant woman’s consent or where consent is implied by law, for medical care of the woman or her unborn child, or for charging the pregnant woman for acts involving her own unborn child. Definitions: "unborn child" = child in utero; "child in utero" = a human being at any stage carried in the womb.

Title 18, §1841

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)(1)Whoever engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section.

(2)(A)Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under Federal law for that conduct had that injury or death occurred to the unborn child’s mother.

(B)An offense under this section does not require proof that—

(i)the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or

(ii)the defendant intended to cause the death of, or bodily injury to, the unborn child.

(C)If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A), be punished as provided under section 1111, 1112, and 1113 of this title for intentionally killing or attempting to kill a human being.

(D)Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section.

(b)The provisions referred to in subsection (a) are the following:

(1)section 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title.

(2)section 408(e) of the Controlled Substances Act of 1970 (21 U.S.C. 848(e)).

(3)section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283).

(c)Nothing in this section shall be construed to permit the prosecution—

(1)of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;

(2)of any person for any medical treatment of the pregnant woman or her unborn child; or

(3)of any woman with respect to her unborn child.

(d)As used in this section, the term “unborn child” means a child in utero, and the term “child in utero” or “child, who is in utero” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283), referred to in subsec. (b)(3), probably means section 235 of the Atomic Energy Act of 1954, act Aug. 1, 1946, ch. 724, title I, as added by Pub. L. 96–295, title II, § 202(a), June 30, 1980, 94 Stat. 786, which is classified to section 2283 of Title 42, The Public Health and Welfare. section 202 of the Atomic Energy Act of 1954, which related to the authority of the Joint Committee on Atomic Energy, was classified to section 2252 of Title 42 and was repealed by act Aug. 1, 1946, ch. 724, title I, § 302(a), as added Pub. L. 95–110, § 1, Sept. 20, 1977, 91 Stat. 884; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.

Statutory Notes and Related Subsidiaries

Short Title

of 2004 Amendment Pub. L. 108–212, § 1, Apr. 1, 2004, 118 Stat. 568, provided that: “This Act [enacting this chapter and section 919a of Title 10, Armed Forces] may be cited as the ‘Unborn Victims of Violence Act of 2004’ or ‘Laci and Conner’s Law’.”

§1841 Protection of Unborn Children