Federal Laws Regarding the Unborn

Connecticut Right to Life Education Alliance

Born Alive Infants Protection Act

116 STAT. 926 PUBLIC LAW 107–207—AUG. 5, 2002

LEGISLATIVE HISTORY—H.R. 2175: HOUSE REPORTS: No. 107–186 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 148 (2002): Mar. 12, considered and passed House. July 18, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): Aug. 5, Presidential remarks.

Public Law 107–207 107th Congress

An Act To protect infants who are born alive.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Born-Alive Infants Protection Act of 2002’’.

SEC. 2. DEFINITION OF BORN-ALIVE INFANT.

(a) IN GENERAL.—Chapter 1 of title 1, United States Code, is amended by adding at the end the following: ‘‘§ 8. ‘Person’, ‘human being’, ‘child’, and ‘individual’ as including born-alive infant ‘‘(a) In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words ‘person’, ‘human being’, ‘child’, and ‘individual’, shall include every infant member of the species homo sapiens who is born alive at any stage of development.

(b) As used in this section, the term ‘born alive’, with respect to a member of the species homo sapiens, means the complete expulsion or extraction from his or her mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.

(c) Nothing in this section shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being ‘born alive’ as defined in this section.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1 of title 1, United States Code, is amended by adding at the end the following new item: ‘‘8. ‘Person’, ‘human being’, ‘child’, and ‘individual’ as including born-alive infant.’

Approved August 5, 2002.

Unborn Victims of Violence Act

Public Law 108–212 108th Congress

An Act To amend title 18, United States Code, and the Uniform Code of Military Justice to protect unborn children from assault and murder, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE. This Act may be cited as the "Unborn Victims of Violence Act" or ‘‘Laci and Conner’s Law’’.

SEC. 2. PROTECTION OF UNBORN CHILDREN. (a) IN GENERAL.—Title 18, United States Code, is amended by inserting after chapter 90 the following: ‘‘CHAPTER 90A—PROTECTION OF UNBORN CHILDREN ‘‘Sec. ‘‘1841. Protection of unborn children. ‘‘§ 1841. Protection of unborn children ‘(a)

(1) Whoever engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section.

(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under Federal law for that conduct had that injury or death occurred to the unborn child’s mother.

(B) An offense under this section does not require proof that— ‘‘(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or ‘‘(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child. ‘

(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A), be punished as provided under sections 1111, 1112, and 1113 of this title for intentionally killing or attempting to kill a human being.

(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. (b) The provisions referred to in subsection (a) are the following: ‘

(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i), 924(j), 18 USC 1841 note. Unborn Victims of Violence Act of 2004. Apr. 1, 2004 [H.R. 1997] Ver Date 11-MAY-2000 19:54 Apr 07, 2004 Jkt 029139 PO 00212 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL212.108 SUEP PsN: PUBL212 PUBLIC LAW 108–212—APR. 1, 2004 118 STAT. 569 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title. ‘

(2) Section 408(e) of the Controlled Substances Act of 1970 (21 U.S.C. 848(e)). ‘

(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283). (c) Nothing in this section shall be construed to permit the prosecution— ‘

(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; ‘

(2) of any person for any medical treatment of the pregnant woman or her unborn child; or ‘

(3) of any woman with respect to her unborn child. ‘

(d) As used in this section, the term ‘unborn child’ means a child in utero, and the term ‘child in utero’ or ‘child, who is in utero’ means a member of the species homo sapiens, at any stage of development, who is carried in the womb.’

(b) CLERICAL AMENDMENT.—The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 90 the following new item: ‘‘90A. Protection of unborn children .................... 1841.

SEC. 3. MILITARY JUSTICE SYSTEM.

(a)1 PROTECTION OF UNBORN CHILDREN.—Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 919 (article 119) the following new section: ‘‘§ 919a. Art. 119a. Death or injury of an unborn child ‘‘(a)(1) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365 of title 18) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section and shall, upon conviction, be punished by such punishment, other than death, as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for that conduct had that injury or death occurred to the unborn child’s mother. ‘

(2) An offense under this section does not require proof that— ‘‘(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or ‘‘(ii) the accused intended to cause the death of, or bodily injury to, the unborn child.

(3) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall, instead of being punished under paragraph (1), be punished as provided under sections 880, 918, and 919(a) of this title (articles 80, 118, and 119(a)) for intentionally killing or attempting to kill a human being.

(4) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. ‘(b) The provisions referred to in subsection (a) are sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title (articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128). ‘

(2) of any person for any medical treatment of the pregnant woman or her unborn child; or ‘

(3) of any woman with respect to her unborn child. ‘

(d) In this section, the term ‘unborn child’ means a child in utero, and the term ‘child in utero’ or ‘child, who is in utero’ means a member of the species homo sapiens, at any stage of development, who is carried in the womb.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 919 the following new item:

‘919a. 119a. Death or injury of an unborn child.’’.

Approved April 1, 2004.