| | | A.__It is not induced by the person; and |
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| | | 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. |
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| | | 6.__This section does not apply to: |
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| | | 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 |
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| | | B.__Acts that are committed pursuant to usual and customary | | standards of medical practice during diagnostic testing or | | therapeutic treatment. |
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| | | 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. |
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| | | §223.__Felony murder of unborn child |
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| | | 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. |
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| | | 2.__It is an affirmative defense to prosecution under this | | section that the defendant: |
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| | | A.__Did not commit the homicidal act or in any way solicit, | | command, induce, procure or aid the commission thereof; |
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| | | B.__Was not armed with a dangerous weapon, or other weapon | | that under the circumstances indicated a readiness to | | inflict serious bodily injury; |
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| | | C.__Reasonably believed that no other participant was armed | | with a weapon; and |
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