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Document Type

Peach Sheet

Abstract

The Act makes it a misdemeanor of a high and aggravated nature to commit an assault against a pregnant female. The Act provides a definition for the phrase 'unborn child': A member of the species homo sapiens at any state of development who is carried in the womb. Using this definition, the Act makes it an offense of assault to attempt to injure an unborn child that is subsequently born alive. Using the new definition of an unborn child, the Act makes it an offense of battery to intentionally inflict physical harm against an unborn child that is subsequently born alive. Assault is a misdemeanor of a high and aggravated nature, and battery is a misdemeanor. Additionally, the new definition of unborn child amends the offense of feticide by removing the the requirement that the fetus be 'quick.' Thus, feticide now covers the willful killing of all unborn children, regardless of the stage of development in the womb. Additionally, the Act provides for felony feticide in the event a fetus is killed during the commission of a felony. Finally, the new definition is used to create the felony offense of manslaughter of an unborn child, punishable by imprisonment of one to twenty years.

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