LD 262
pg. 2
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LR 294
Item 1

 
A.__It is not induced by the person; and

 
B.__It is reasonable for the person to react to the
provocation with extreme anger or extreme fear, provided
that evidence demonstrating only that the person has a
tendency towards extreme anger or extreme fear is not
sufficient, in and of itself, to establish the
reasonableness of the person's reaction.

 
6.__This section does not apply to:

 
A.__Acts that cause the death of an unborn child if those
acts are committed during an abortion, lawful or unlawful,
to which the pregnant woman consents; or

 
B.__Acts that are committed pursuant to usual and customary
standards of medical practice during diagnostic testing or
therapeutic treatment.

 
7.__Nothing contained in subsection 4 may constitute a defense
to a prosecution for, or preclude conviction of, manslaughter or
any other crime.__Prosecution of a person under this section does
not prohibit the prosecution of the person under any other law.

 
§223.__Felony murder of unborn child

 
1.__A person is guilty of felony murder of an unborn child if,
acting alone or with one or more other persons in the commission
of, or an attempt to commit, or immediate flight after committing
or attempting to commit, murder, robbery, burglary, kidnapping,
arson, gross sexual assault, or escape, the person or another
participant in fact causes the death of an unborn child and the
death is a reasonably foreseeable consequence of such commission,
attempt or flight.

 
2.__It is an affirmative defense to prosecution under this
section that the defendant:

 
A.__Did not commit the homicidal act or in any way solicit,
command, induce, procure or aid the commission thereof;

 
B.__Was not armed with a dangerous weapon, or other weapon
that under the circumstances indicated a readiness to
inflict serious bodily injury;

 
C.__Reasonably believed that no other participant was armed
with a weapon; and


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