North Carolina HB 890: Unborn Victims of Violence Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H 1
HOUSE BILL 890

Short Title: Unborn Victims of Violence Act. (Public)
Sponsors: Representatives Hilton, Burris-Floyd, Blust, McElraft (Primary Sponsors);
Avila, Barnhart, Blackwell, Blackwood, Boles, Brown, Burr, Cleveland, Current,
Daughtry, Dockham, Dollar, E. Floyd, Folwell, Frye, Gillespie, Grady, Guice,
Gulley, Hill, Holloway, Hughes, Hurley, Johnson, Justus, Killian, Langdon,
Lewis, McCormick, McGee, Mills, Mobley, Moore, Neumann, Parmon,
Randleman, Rhyne, Sager, Samuelson, Setzer, Spear, Stam, Starnes, Steen,
Stevens, Tarleton, Tillis, West, Wiley, and Wray.
Referred to: Judiciary I, if favorable, Health, if favorable, Appropriations.
March 31, 2009
*H890-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO CREATE CRIMINAL OFFENSES FOR ACTS THAT CAUSE THE DEATH 2
OR INJURY OF AN UNBORN CHILD OR ARE COMMITTED AGAINST A 3
PREGNANT WOMAN. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. This act shall be known and may be cited as the "Unborn Victims of 6
Violence Act." 7
SECTION 2. Chapter 14 of the General Statutes is amended by adding a new 8
Article to read: 9
"Article 6A. 10
"Unborn Victims. 11
"§ 14-23.1. Definition. 12
As used in this Article, unless the context requires otherwise, "unborn child" means a 13
member of the species homo sapiens, at any stage of development, who is carried in the womb. 14
"§ 14-23.2. Murder of an unborn child; penalty. 15
(a) Any person who unlawfully causes the death of an unborn child is guilty of murder 16
of an unborn child if the person does any one of the following: 17
(1) Willfully and maliciously commits an act with the intent to cause the death 18
of the unborn child. 19
(2) Commits an act causing the death of the unborn child that is inherently 20
dangerous to human or fetal life and is done so recklessly and wantonly that 21
it reflects disregard of life. 22
(3) Causes the death of the unborn child in perpetration or attempted 23
perpetration of any of the criminal offenses set forth under G.S. 14-17 that 24
would constitute a Class A felony if a person was killed during the 25
perpetration or attempted perpetration. 26
(b) Penalty. – An offense under this section shall be a Class A felony, and any person 27
who commits such offense shall be punished with imprisonment in the State's prison for life 28
without parole. 29
"§ 14-23.3. Voluntary manslaughter of an unborn child; penalty. 30

General Assembly of North Carolina Session 2009
Page 2 House Bill 890-First Edition
(a) A person is guilty of the offense of voluntary manslaughter as defined in the 1
common law if the person unlawfully causes the death of an unborn child by an act that would 2
be voluntary manslaughter if it resulted in the death of the mother. 3
(b) Penalty. – Any person who commits an offense under this section shall be guilty of 4
a Class D felony. 5
"§ 14-23.4. Involuntary manslaughter of an unborn child; penalty. 6
(a) A person is guilty of the offense of involuntary manslaughter as defined in the 7
common law if the person unlawfully causes the death of an unborn child by an act that would 8
be involuntary manslaughter if it resulted in the death of the mother. 9
(b) Penalty. – Any person who commits an offense under this section shall be guilty of 10
a Class E felony. 11
"§ 14-23.5. Assault inflicting serious bodily injury of an unborn child; penalty. 12
(a) Any person who unlawfully inflicts serious bodily harm upon an unborn child, who 13
is subsequently born alive, by a battery of the mother of the child, is guilty of assault inflicting 14
serious bodily injury of an unborn child. 15
(b) For purposes of this section, "serious bodily harm" is defined as bodily injury that 16
creates a substantial risk of death, or that causes serious permanent disfigurement, coma, a 17
permanent or protracted condition that causes extreme pain, or permanent or protracted loss or 18
impairment of the function of any bodily member or organ, or that results in prolonged 19
hospitalization, or causing the birth of the unborn child prior to 37 weeks gestation, if the child 20
weighs 2,500 grams or less at the time of birth. 21
(c) Penalty. – Any person who commits an offense under this section shall be guilty of 22
a Class F felony. 23
"§ 14-23.6. Assault of an unborn child. 24
(a) Any person who unlawfully commits any assault, assault and battery, or affray is 25
guilty of assault on an unborn child if, in the course of the assault, assault and battery, or affray, 26
the person assaults a pregnant woman. 27
(b) Penalty. – Any person who commits an offense under this section is guilty of a 28
Class H felony. 29
"§ 14-23.7. Exceptions. 30
This act does not apply to: 31
(a) Acts which cause the death of an unborn child if those acts were lawful, pursuant to 32
the provisions of G.S. 14-45.1. 33
(b) Acts which are committed pursuant to usual and customary standards of medical 34
practice during diagnostic testing or therapeutic treatment. 35
(c) Acts comm