Alabama*

Ala. Code § 13A-6-1 (2006) defines person for the purpose of criminal homicide or assaults.  The law defines person to include an unborn child in utero at any stage of development, regardless of viability and specifies that nothing in this act shall make it a crime to perform or obtain an abortion that is otherwise legal.

Alaska

Alaska. Stat. § 11.41.150 et seq., § 11.81.250 , § 12.55.035, and § 12.55.125 (2005) relate to offenses against unborn children.  The law provides that a defendant convicted of murder in the second degree or murder of an unborn child shall be sentenced to a definite term of imprisonment of at least 10 years but no more than 99 years and specifies that this law does not apply to acts that cause the death of an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented or a person authorized by law to act on her behalf consented, or for which such consent is implied by law.

Arizona*

Ariz. Rev. Stat. Ann § 13-701, § 13-704, § 13-705 and § 13-751 define aggravated circumstances in the sentence of death or life imprisonment.  The law specifies that the defendant shall not be released until the completion of 35 years if the murdered person was under 15 years of age or was an unborn child.  The law states that for the purposes of punishment, an unborn child shall be treated like a minor under 12 years of age.

Arkansas*

Ark. Stat. Ann. § 5.1.102(13) (B)(i)(a) defines "person" to include an unborn child in utero at any stage of development. "Unborn child" means a living fetus of 12 weeks or greater gestation.

Ark. Stat. Ann. § 5.10.101 et seq. defines capital murder, murder in the first degree, murder in the second degree, manslaughter and negligent homicide.

California

Cal. Penal Code § 187 (a) defines murder as the unlawful killing of a human being or a fetus with malice aforethought.

Colorado

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Connecticut

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Delaware

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District of Columbia 

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Florida

Fla. Stat. Ann. § 316.193 (2005) defines DUI manslaughter to include the death of an unborn quick child.

Fla. Stat. Ann. § 782.09 defines murder as the willful killing of an unborn quick child by any injury to the mother.  The law also defines manslaughter.

Fla. Stat. Ann. § 782.071 defines vehicular homicide as the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.

Georgia*

Ga. Code Ann. § 16-5-80 defines feticide.  A person commits the offense of feticide if he willfully kills an unborn child so far developed as to be ordinarily called "quick" by causing any injury to the mother of such child.  The penalty for feticide is imprisonment for life.

Ga. Code Ann. § 40-6-393.1 defines vehicular feticide and provides for penalties.   

Ga. Code Ann. § 52-7-12.3 defines the term "unborn child" to mean a member of the species Homo sapien at any stage of development who is carried in the womb.  The law defines feticide by watercraft in the first and second degrees and provides for penalties.

Hawaii

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Idaho*

Idaho Code § 18-4001 and § 18-4006 (2002) declare that murder includes the unlawful killing of a human embryo or fetus under certain conditions. The law provides that manslaughter includes the unlawful killing of a human embryo or fetus without malice. The law provides definitions.

Idaho Code § 35-42-1-1 states that a person commits felony murder if they knowingly or intentionally kill a fetus that has attained viability.

Illinois*

Ill. Rev. Stat. ch. 20 § 505/7 and ch. 225 § 10/4.2 include the following as criminal offenses: intentional homicide of an unborn child; voluntary manslaughter of an unborn child; involuntary manslaughter of an unborn child; reckless homicide of an unborn child.  

Ill. Rev. Stat. ch. 720 § 5/9-1.2, § 5/9-2.1, and § 5/9-3.2 define the crimes of intentional homicide, manslaughter voluntary manslaughter and includes the killing of an unborn child in the definitions. 

Ill. Rev. Stat. ch. 720 § 5/12-3.1, § 5/12-3.2 (2004) and § 5/12-4.4 defines battery and aggravated battery of an unborn child.

Ill. Rev. Stat. ch. 730 § 5/3-6-3 directs the Department of Corrections to prescribe rules and regulations for early release on account of good conduct and specify that a prisoner serving a sentence for attempt to commit the intentional homicide of an unborn child shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence.

Indiana

Ind. Code Ann. § 35-41-1-25 defines serious bodily injury as bodily injury that causes the loss of a fetus.

Ind. Code Ann. § 35-42-1-3 defines voluntary manslaughter as a person who knowingly or intentionally kills a fetus that has attained viability while acting under sudden heat. The law provides penalties.

Ind. Code Ann. § 35-42-1-6 defines feticide as the intentional termination of a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.  This law does not apply to an abortion performed in compliance with Ind. Code § 16-34.

Ind. Code Ann. § 35-42-2-1.5 defines aggravated battery as a person who knowingly or intentionally inflicts injury on a person that causes the loss of a fetus.

Ind. Code Ann. § 35-50-2-9(b)(16) allows the state to seek either a death sentence or a sentence of life imprisonment without parole for murder by alleging the victim of the murder was pregnant and the murder resulted in the intentional killing of a fetus that has attained viability.

2009 Ind. Acts, P.L. 40  reclassifies feticide from a Class C felony to a class A felony. The law also allows the state to seek a separate count in feticide cases, if the defendant is aware of the victim's pregnancy or intended to terminate the pregnancy. The additional consecutive term may be between six and 20 years.  (SB 236)

Iowa

Iowa Code §707.8 provides penalties for the nonconsensual termination or serious injury to a human pregnancy. Specifically, the law defines penalties for a person who terminates a human pregnancy without the consent of the pregnant person under specified circumstances. The law also defines serious injury to a human pregnancy and provides for penalties to a person who causes serious injury to a human pregnancy under specified circumstances. 

Kansas*

Kan. Stat. Ann. § 21-3452 "Alexa's Law" makes it possible to charge someone with murder, manslaughter, vehicular homicide or battery for killing or harming a fetus. It provides the definition of “person” for those specific crimes, including the definition of an unborn child that includes any stage of gestation from fertilization to birth.

Kentucky

Ky. Rev. Stat.  § 532 allows the state to charge an individual with a separate crime for terminating a fetus during the commission of an act that injures or kills a pregnant woman. (2004 HB 108)

Ky. Rev. Stat. § 507A.010 et seq. defines "person" and "unborn child".  Defines fetal homicide in the first, second, third, and fourth degrees. 

Louisiana*

Maine

Me. Rev. Stat. Ann. tit. 17-A § 208-C creates the Protect Unborn Children from Acts of Violence act; defines the crimes of murder, felony murder, assault, aggravated assault and elevated aggravated assault against an unborn child. Punishment for these crimes is consistent with penalties for the same offenses committed against persons as defined in the Maine Revised Statutes, Title 17-A, chapter 9. These crimes against unborn children do not apply to an abortion to which the pregnant woman has consented, nor do they apply to acts committed pursuant to usual and customary standards of medical practice. (2005 Me. Laws, Chap. 408, LD 262)

Maryland

Md. Criminal Law Code Ann. § 2-103 (2005) establishes that a prosecution may be instituted for murder, manslaughter, or unlawful homicide under certain conditions for an act or failure to act that causes the death of a viable fetus.

Massachusetts **

Commonwealth vs. Lawrence, 536 N.E.2d 571 (Mass. 1973) affirms the conviction for murder of a woman and involuntary manslaughter of her 27-week-old fetus.

Commonwealth vs. Cass, 467 N.E.2d 1324 (Mass. 1984) rules that a viable fetus is within the ambit of the term "person" in the vehicular homicide statute.  The case refers to Mass. Gen Law, ch. 90 § 24G (vehicular homicide). 

Michigan

Mich. Comp. Laws Ann. § 750.322 defines manslaughter as the willful killing of an unborn quick child by any injury to the mother of such child.

Mich. Comp. Laws Ann. § 750.323 declares that any person who administers medicines, drugs or substances to any woman pregnant with a quick child or uses an instrument or other means to destroy the child, unless the same shall have been necessary to preserve the life of the mother, is guilty of manslaughter. 

Minnesota*

Minn. Stat. § 609.205 and § 609.266 et seq. defines unborn child.  The law provides penalties for an assault to a pregnant woman and subsequent harm to an unborn child.  The law also defines an assault of an unborn child and provides penalties.  The law defines murder of an unborn child in the first, second and third degrees and provides penalties.   

Minn. Stat. §609.21 (2004) declares that a person is guilty of criminal vehicular operation if an unborn child is killed in the act.  The law also states that as punishment, this person may be sentenced to imprisonment for not more than ten years or payment of a fine of not more than $20,000, or both. (SB 58)

Mississippi

Miss. Code Ann. § 97-3-37 defines manslaughter to include the willful killing of an unborn quick child by an injury to the mother of such child. (SB 2869)

Miss. Code Ann. § 11.7.13 includes the death of a fetus in wrongful death statute as murder or manslaughter.  This law excludes acts committed by the mother, a medical procedure performed by a medical professional or lawfully prescribed medication.

Miss. Code Ann. § 97-3-19 defines murder to include murder that is done with deliberate design to effect the death of an unborn child.

Missouri

Montana

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Nebraska*

Neb. Rev. Stat. § 28-388 et seq. creates the Homicide of the Unborn Child Act.  The law defines premeditation and unborn child. The law defines murder of an unborn child in the first degree, murder in the second degree, and manslaughter. The law also provides for penalties for vehicular homicide.  Amended in 2003 to change provisions relating to driving under the influence and amends provisions regarding motor vehicle homicide.  Provides a penalty for motor vehicle homicide of an unborn child and recognizes an action for an unborn child in wrongful death cases.

Nevada

Nev. Rev. Stat. § 200.210 defines manslaughter as a person who willfully kills an unborn quick child by any injury committed upon the mother of the child. 

New Hampshire

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New Jersey

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New Mexico

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New York

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North Carolina

N.C. Gen. Stat. § 14-18.2 relates to injury to pregnant woman.  The law states that any person, who in the commission of a felony, causes injury to a woman, knowing the woman to be pregnant, in which injury results in the miscarriage or stillbirth by the woman is guilty of a felony that is one class higher than the felony committed.

North Dakota*

N.D. Cent. Code, § 12.1-17.1-01 et seq. defines abortion, person and unborn child.  The law defines the murder and manslaughter of an unborn child and provides penalties. 

Ohio*

Ohio Rev. Code Ann. § 2903.01 et seq. defines aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, negligent homicide, aggravated vehicular homicide, aggravated vehicular assault, felonious assault, aggravated assault, assault, negligent assault. The law applies to a person which includes an "unborn member of the species Homo sapiens, who is or was carried in the womb of another."

Oklahoma*

Okla. Stat. Ann. tit. 21 § 691 (2006) defines unborn child as a human being. Homicide does not include legal abortion or instances of death during normal medical, therapeutic or diagnostic testing. A mother shall not be prosecuted for the death of an unborn child unless the death was a result of criminal behavior.

Okla. Stat. Ann. tit. 21 § 714, 652 (2005) revises civil wrongful death statutes to include the death of an unborn child; revises the provisions governing the intentional shooting with intent to kill another and any assault and battery upon another to add an unborn child; provides the penalty reference for anyone who willfully kills an unborn child; provides an exemption for a legal abortion, or the usual and customary diagnostic testing or therapeutic treatment; adds laws on the performance of an abortion; requires abortion alternative materials.

Okla. Stat. Ann. tit. 21 § 723 (2005) specifies that any offense committed pursuant to the provisions of Section 652 and 713 of Title 21, does not require proof that the person engaging in the conduct had knowledge or should have had the knowledge that the victim of the underlying offense was pregnant or that the offender intended to cause the death or bodily injury to the unborn child.

2008 Okla. Sess. Laws, Chap 318 (2008) amends Okla. Stat. Ann. tit. 21 § 644 to provide penalties for domestic abuse against pregnant women.  The law states that any person who abuses a woman with knowledge of her pregnancy and causes a miscarriage or harms the unborn child is guilty of a felony. (HB 1897)

Oregon

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Pennsylvania*

Pa. Cons. Stat. Ann. tit. 18 § 106, § 1102 and § 2604 define first degree, second degree and third degree murder of an unborn child and provides penalties.  § 1102 was amended in 2008 to provide for the sentence of the first degree murder and second degree murder or an unborn child (2008 HB 1845).

Pa. Cons. Stat. Ann. tit. 18. § 2603 defines homicide of an unborn child.  An individual commits criminal homicide of an unborn child if the individual intentionally, knowingly, recklessly or negligently causes the death of an unborn child. 

Pa. Cons. Stat. Ann. tit. 18 § 2605 defines voluntary manslaughter of an unborn child and provides for penalties.

Rhode Island

R.I. Gen. Laws § 11-23-5 defines "quick child." The willful killing of an unborn quick child by any injury to the mother of that child is deemed manslaughter.

South Carolina

S.C. Code Ann § 16-3-1083 enacts the Unborn Victims of Violence Act of 2006 to provide that a person who commits a violent crime that causes the death of, or injury to, a child in utero is guilty of a separate offense and that the person must be punished as if the death or injury occurred to the unborn child's mother.  The law also provides that the person must be punished for murder or attempted murder if the person intentionally killed or attempted to kill the unborn child.

State vs. Horne, 319 S.E.2d 703 (S.C. 1984) reversed voluntary manslaughter conviction, holding that the killing of a viable human being in utero did not constitute a criminal homicide.  The case refers to S.C. Code Ann. § 16-3-10. 

State vs. Ard, 505 S.E.2d328 (S.C. 1998) held, in relation to a murder conviction, that the terms "person" and "child" in S.C. Code Ann. § 16-3-20 (C)(a) included a viable fetus. 

South Dakota*

S.D. Codified Laws Ann. § 22-16-41 defines vehicular homicide, which includes the death of an unborn child.  Amended in 2003 to revise provisions concerning court suspensions and revocations of driver licenses; relates to driving while under the influence of alcohol or controlled substances and causing the death of another person, including an unborn child (2006 HB 1163). 

S.D. Codified Laws Ann. § 22-16-1.1 et seq. defines fetal homicide which refers to a person who knew, or reasonably should have known, that a woman bearing an unborn child was pregnant and caused the death of the unborn child without lawful justification.  The law provides for penalties.

S.D. Codified Laws Ann. § 22-16-4 defines homicide as murder in the first degree to include the death of a person or any other human being, including an unborn child.

Tennessee

Tenn. Code Ann. § 39-13-214 and § 39-13-215 defines "another" and "another person" as a viable fetus of a human being when any such term refers to the victim of any act made criminal by the provisions of the law. The law defines reckless homicide as the reckless killing of another.

Texas*

Tex. Penal Code Ann. § 1.07 relates to the death of or injury to an unborn child and provides penalties.  The law defines an individual as a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.

Utah *

Utah Code Ann. § 76-5-201 et seq. declares that a person commits criminal homicide if he intentionally, knowingly, recklessly causes the death of another human being, including an unborn child.

Vermont

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Virginia

Va. Code § 18.2-32.2 (2004) declares that any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills a fetus is guilty of a Class 2 felony.  The law also provides penalties.

Washington

Wash. Rev. Code Ann. § 9A.32.060 declares that a person is guilty of manslaughter in the first degree when he intentionally and unlawfully kills an unborn quick child by inflicting any injury upon the mother of such child.

West Virginia *

W. Va. Code § 61-2-30 recognizes an embryo or fetus as a distinct unborn victim of certain crimes of violence against a person, including homicide and manslaughter.

Wisconsin*

Wis. Stat. § 940.04 (2) et seq. declares that any person who intentionally destroys the life of an unborn quick child; or causes the death of the mother by an act done with intent to destroy the life of an unborn child is guilty of homicide. It is unnecessary to prove that the fetus was alive when the act so causing the mother's death was committed.