Monday, May 2, 2011

Purdue signs Unborn Victims of Violence Act

On Friday, the Gov signed a bill that makes it murder if, during the course of an assault, a fetus is destroyed.

The Act makes it 1st degree murder to:
(1) Willfully and maliciously commits an act with the intent to cause the death of the unborn child; or
(2) Causes the death of the unborn child in perpetration or attempt"

2nd degree murder to:
(3) Commits an act causing the death of the unborn child that is inherently dangerous to human life and is done so recklessly and wantonly that it reflects disregard of life.

Voluntary manslaughter to:
A person is guilty of the separate offense of voluntary manslaughter of an unborn child if the person unlawfully causes the death of an unborn child by an act that would be voluntary manslaughter if it resulted in the death of the mother.

Involuntary manslaughter to:
A person is guilty of the separate offense of involuntary manslaughter of an unborn child if the person unlawfully causes the death of an unborn child by an act that would be involuntary manslaughter if it resulted in the death of the mother.

AISBI to:
A person is guilty of the separate offense of assault inflicting serious bodily injury on an unborn child if the person commits a battery on the mother of the unborn child and the child is subsequently born alive and suffered serious bodily harm as a result of the battery.

Misdemeanor Battery (A1) to:
A person is guilty of the separate offense of battery on an unborn child if the person commits a battery on a pregnant woman. This offense is a lesser-included offense of G.S. 14-23.5.

ALSO
: The act does not require proof of knowledge that the woman was pregnant.

This act is controversial, although mostly as an attempt to create a statutory concept of pre-natal life to bolster the anti-choice cause before courts. Lots of vagueness in this law as well, that will surely lead to significant cases of overcharging...but what else is new.

Read the law here.

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