18 U.S.C. § 1841 — Protection of unborn children
submitted 22 years ago by Pub. L. 108-212 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 458 words · no verdicts yet
A person who violates one of the listed federal laws and thereby kills or injures a child in utero commits a separate offense. The section sets the punishment and excludes prosecutions for consensual abortions, medical treatment, and the pregnant woman herself.
(a) (1) A person who engages in conduct violating any 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, commits a separate offense under this section.
(2) (A) Unless this paragraph provides otherwise, the punishment is the punishment federal law provides for the underlying conduct if the injury or death had happened to the unborn child’s mother.
(B) The government does not have to prove that the person knew or should have known the victim was pregnant, or that the defendant intended to kill or injure the unborn child.
(C) If the person intentionally kills or tries to kill the unborn child, the person is punished under sections 1111, 1112, and 1113 for intentionally killing or trying to kill a human being.
(D) The death penalty may not be imposed for an offense under this section.
(b) The laws covered by subsection (a) are sections 36, 37, 43, 111–115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i), 924(j), 930, 1111–1114, 1116, and 1118–1121, 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; section 408(e) of the Controlled Substances Act of 1970 (21 U.S.C. 848(e)); and section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283).
(c) This section does not authorize prosecuting—
(1) a person for abortion-related conduct when the pregnant woman, or someone legally authorized to act for her, consented or the law implies consent;
(2) a person for medical treatment of the pregnant woman or her unborn child; or
(3) a woman for conduct concerning her unborn child.
(d) “Unborn child” means a child in utero. “Child in utero” or “child who is in utero” means a member of the human species, at any stage of development, carried in the womb.
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.
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.
An offense under this section does not require proof that—
the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or
the defendant intended to cause the death of, or bodily injury to, the unborn child.
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.
Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section.
The provisions referred to in subsection (a) are the following:
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), 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.
Section 408(e) of the Controlled Substances Act of 1970 (21 U.S.C. 848(e)).
Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283).
Nothing in this section shall be construed to permit the prosecution—
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;
of any person for any medical treatment of the pregnant woman or her unborn child; or
of any woman with respect to her unborn child.
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.
Source credit: (Added Pub. L. 108–212, § 2(a), Apr. 1, 2004, 118 Stat. 568.)
- 2004Enacted · Pub. L. 108-212 · 118 Stat. 568
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-212 on 2004-04-01.
all 0 arguments · sorted by: best
no arguments yet — make the first case