An Act Regarding Offenses against an Unborn Child
Sec. 1. 17-A MRSA c. 10 is enacted to read:
OFFENSES AGAINST UNBORN CHILD
§ 221. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 222. Murder of unborn child
§ 223. Felony murder of unborn child
§ 224. Manslaughter of unborn child
(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.
§ 225. Assault on unborn child
§ 226. Aggravated assault on unborn child
§ 227. Elevated aggravated assault on unborn child
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.