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An Act Regarding Offenses against an Unborn Child
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA c. 10  is enacted to read:
CHAPTER 10
OFFENSES AGAINST UNBORN CHILD
§ 221. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
 
1.      "Abortion" has the same meaning as set forth in Title 22, section 1598, subsection 2, paragraph A.
 
2.      "Person" does not include the pregnant woman whose unborn child is killed or injured.
 
3.      "Unborn child" means an individual of the human species from the state of fetal development when the life of the fetus may be continued indefinitely outside the womb by natural or artificial life-supportive systems until birth.
§ 222. Murder of unborn child
 
1.       A person is guilty of murder of an unborn child if the person:
 
A.  Intentionally or knowingly causes the death of an unborn child; or
 
B.  Engages in conduct that manifests a depraved indifference to the value of an unborn child's life and that in fact causes the death of an unborn child.
 
2.       For purposes of subsection 1, paragraph B, when the crime of depraved indifference murder is charged, the crime of criminally negligent manslaughter is deemed to be charged.
 
3.       The sentence for murder of an unborn child is as authorized in chapter 51.
 
4.       It is an affirmative defense to a prosecution under subsection 1, paragraph A that the person caused the death while under the influence of extreme anger or extreme fear brought about by adequate provocation.
 
5.      For purposes of subsection 4, provocation is adequate if:
 
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; however, 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 section 208-C or 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
 
D.  Reasonably believed that no other participant intended to engage in conduct likely to result in death or serious bodily injury.
 
3.       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.
 
4.       Felony murder of an unborn child is a Class A crime.
 
5.       Prosecution of a person under this section does not prohibit the prosecution of the person under section 208-C or any other law.
§ 224. Manslaughter of unborn child
 
1.       A person is guilty of manslaughter of an unborn child if that person:
 
A.  Recklessly, or with criminal negligence, causes the death of an unborn child. Violation of this paragraph is a Class A crime;
 
B.  Intentionally or knowingly causes the death of an unborn child under circumstances that do not constitute murder because the person causes the death while under the influence of extreme anger or extreme fear brought about by adequate provocation. Adequate provocation has the same meaning as in section 222, subsection 5. The fact that the person causes the death of an unborn child while under the influence of extreme anger or extreme fear brought about by adequate provocation constitutes a mitigating circumstance reducing murder to manslaughter and need not be proved in any prosecution initiated under this subsection. Violation of this paragraph is a Class A crime; or
 
C.  Has direct and personal management or control of any employment, place of employment or other employee and intentionally or knowingly violates any occupational safety or health standard of this State or the Federal Government and that violation in fact causes the death of an employee's unborn child and that death is a reasonably foreseeable consequence of the violation. This paragraph does not apply to:
 
(1) Any person who performs a public function either on a volunteer basis or for minimal compensation for services rendered; or
 
(2) Any public employee responding to or acting at a life-threatening situation who is forced to make and does make a judgment reasonably calculated to save the life of a human being.
 
Violation of this paragraph is a Class C crime.
 
2.       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.
 
3.      Prosecution of a person under this section does not prohibit the prosecution of the person under section 208-C or any other law.
§ 225. Assault on unborn child
 
1.       A person is guilty of assault on an unborn child if the person intentionally, knowingly or recklessly causes bodily injury to an unborn child.
 
2.       This section does not apply to:
 
A.  Acts that cause bodily injury to 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.
 
3.       Assault on an unborn child is a Class D crime.
 
4.       Prosecution of a person under this section does not prohibit the prosecution of the person under section 208-C or any other law.
§ 226. Aggravated assault on unborn child
 
1.       A person is guilty of aggravated assault on an unborn child if the person, in committing assault on an unborn child, intentionally or knowingly causes:
 
A.  Serious bodily injury to the unborn child;
 
B.  Bodily injury to the unborn child with use of a dangerous weapon; or
 
C.  Bodily injury to the unborn child under circumstances manifesting extreme indifference to the value of the unborn child's life. Such circumstances include, but are not limited to, the number, location or nature of the injuries and the manner or method inflicted.
 
2.       This section does not apply to:
 
A.  Acts that cause bodily injury to 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.
 
3.       Aggravated assault on an unborn child is a Class B crime.
 
4.       Prosecution of a person under this section does not prohibit the prosecution of the person under section 208-C or any other law.
§ 227. Elevated aggravated assault on unborn child
 
1.       A person is guilty of elevated aggravated assault on an unborn child if that person:
 
A.  Intentionally or knowingly causes serious bodily injury to an unborn child with the use of a dangerous weapon;
 
B.  Engages in conduct that manifests a depraved indifference to the value of an unborn child's life and that in fact causes serious bodily injury to an unborn child with the use of a dangerous weapon; or
 
C.  With terroristic intent engages in conduct that in fact causes serious bodily injury to an unborn child.
 
2.       This section does not apply to:
 
A.  Acts that cause bodily injury to 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.
 
3.       Elevated aggravated assault on an unborn child is a Class A crime.
 
4.       Prosecution of a person under this section does not prohibit the prosecution of the person under section 208-C or any other law.
 
SUMMARY
This bill creates the new crimes of murder, felony murder, manslaughter, 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 during diagnostic or therapeutic treatment. These crimes do not apply to the pregnant woman, but do not prohibit the prosecution of the crime of elevated aggravated assault on a pregnant person or any other crime.
For purposes of this bill, "unborn child" is defined as an individual of the human species from the state of fetal development when the life of the fetus may be continued indefinitely outside the womb by natural or artificial life-supportive systems until birth.