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Offense

Feticide

Acts Leading to or Intending Death

The unlawful killing of an unborn child at any stage of gestation, generally applied to a person other than the pregnant woman who causes the death, distinguishing it from a lawful abortion carried out within a state's own legal framework for terminating a pregnancy. Many jurisdictions, including a majority of United States states, have enacted fetal homicide statutes recognizing the killing of a fetus as a distinct offense, most often prosecuted where a third party's violent act against a pregnant woman causes the pregnancy to end, though the gestational stage at which the offense applies and its relationship to abortion law varies considerably between jurisdictions.

Facts
Classification Code
United States federal law recognizes a child in utero as a victim under 68 existing federal crimes of violence 1
Elements of Offense
The killing of a human fetus 1
Notable Example
Bei Bei Shuai, Indiana, charged with murder and feticide in 2011 after a suicide attempt led to her fetus's death; she later pleaded guilty to criminal recklessness and was released on time served 1
Jurisdiction Variation
38 US states currently recognize the unborn child or fetus as a homicide victim, though protections vary by required gestational stage 1
Sources
1. Feticide (Wikipedia)
  • United States federal law section
    US federal law recognizes "child in utero" as a victim under 68 existing federal crimes of violence.
  • Lead section
    the killing of a human fetus
  • Bei Bei Shuai case section
    charged by Indiana authorities with murder and foeticide after her suicide attempt resulted in the death of the child she was pregnant with.
  • United States section
    38 states currently recognize the unborn child or fetus as a homicide victim
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