Section1. This chapter shall be known and may be cited as the “Unborn Victims of Violence Act.”
Section 2. For purposes of this Act, unless the context indicates otherwise, the following words shall have the following meanings:
“Bodily injury”: a substantial impairment of the physical condition, including any burn, fracture of any bone, subdural hematoma, injury to any internal organ, any injury which occurs as the result of repeated harm to any bodily function or organ, including human skin or any physical condition which substantially imperils an unborn child’s health or welfare.
“Serious bodily injury”: bodily injury which creates a permanent disfigurement; protracted loss or impairment of function of a body member, limb or organ; or substantial risk of death and includes, but is not limited to, the birth of an unborn child prior to thirty-seven weeks gestational age, if the child weighs 2,500 grams or less at the time of birth. As used in this section, “serious bodily injury,” does not include the inducement of the unborn child’s birth when done for bona fide medical purposes.
“Unborn child”: the individual human life in existence and developing from conception until death.
“Any person”: does not include the pregnant woman whose unborn child is killed or injured.
“Without lethal justification”: acting under circumstances in which the use of lethal force is not legally justified.
Section 3. Murder of an unborn child; punishment
(a) Any person, who without lawful justification, causes the death of an unborn child commits murder of an unborn child in the first degree, if that person acts with deliberately premeditated malice aforethought, or with extreme atrocity or cruelty, or in the commission or attempted commission of a crime punishable with death or imprisonment for life.
(b) Any person, who without lawful justification, commits murder of an unborn child that does not appear to be murder in the first degree, commits murder of an unborn child in the second degree.
(c) The degree of murder shall be found by a jury.
(d) Except as provided in subsection (e), any person who is found guilty of murder of an unborn child in the first degree shall be punished by imprisonment in the state prison for life and shall not be eligible for parole pursuant to section 133A of chapter 127.