Laws in the United States Feticide

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fetal homicide laws in united states







in u.s., crimes of violence covered state law, not federal law. thirty-eight (38) states recognize unborn child (the term used) or fetus homicide victim, , twenty-three (23) of states apply principle throughout period of pre-natal development. these laws not apply legally induced abortions. federal , state courts have consistently held these laws not contradict u.s. supreme court s rulings on abortion.


in 2004, congress enacted, , president bush signed, unborn victims of violence act, recognizes child in utero legal victim if or injured or killed during commission of of 68 existing federal crimes of violence. these crimes include acts federal crimes no matter occur (e.g., acts of terrorism), crimes in federal jurisdictions, crimes within military system, crimes involving federal officials, , other special cases. law defines child in utero member of species homo sapiens, @ stage of development, carried in womb.


of 38 states recognize fetal homicide, approximately two-thirds apply principle throughout period of pre-natal development, while one-third establish protection @ later stage, varies state state. example, california treats killing of fetus homicide, not treat killing of embryo (prior approximately 8 weeks) homicide, construction of california supreme court. other states not consider killing of fetus homicide until fetus has reached quickening or viability.


unlawful abortion may considered feticide .


fetal homicide laws, ordinary murder statutes, increasingly used prosecute pregnant women accused of intentionally or recklessly causing miscarriages or stillbirths. according organization national advocates pregnant women, south carolina, 1 of first states pass feticide law, has charged 1 man assaulted pregnant woman under law, while approximately 300 women have been arrested. publicized cases include of rennie gibbs, bei bei shuai, , purvi patel.


gibbs charged murder in mississippi in 2006 having stillborn daughter while addicted cocaine. gibbs first woman in mississippi charged murder relating loss of unborn baby. judge in case ruled charges dismissed. in 2011 shuai charged indiana authorities murder , feticide after failed suicide attempt resulted in death of child pregnant with. shuai s case first in history of indiana in woman prosecuted murder suicide attempt while pregnant. in 2013 shuai pleaded guilty misdemeanor charge of criminal recklessness , released, having been sentenced time served. in 2015 purvi patel became first woman in united states charged, convicted, , sentenced on feticide charge.








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