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Offense

Infanticide

Acts Leading to or Intending Death

Infanticide is the killing of a very young child, typically an infant within the first year of life, by a parent or another caregiver. Many legal systems treat infanticide as a distinct offense separate from ordinary murder or manslaughter, most commonly by recognizing a mother's diminished mental capacity in the period following childbirth as a mitigating circumstance that reduces what would otherwise be a murder charge to a lesser offense carrying a substantially reduced sentence, a doctrine several jurisdictions codify under statutes bearing the offense's own name. Where no such dedicated statute exists, the killing of an infant is instead prosecuted as murder or manslaughter under the general homicide law, with the caregiver's mental state at the time investigated through the same forensic and psychiatric evidence used in any other homicide case. Criminologists and public-health researchers study infanticide both as a historical practice, documented across many societies and periods under widely varying degrees of social and legal tolerance, and as a modern clinical and legal question closely tied to research on postpartum mental illness and its role in criminal responsibility.

Facts
Classification Code
In England and Wales, the Infanticide Act 1938 creates infanticide as a distinct offense that operates as a statutory partial defense: a killing that would otherwise be murder or manslaughter is instead prosecuted and punished as infanticide, which the Act treats identically to manslaughter rather than murder, whenever its conditions are met. 1
Typical Penalty
Penalties for infanticide vary sharply even among jurisdictions that copy the same English-derived test: New South Wales treats it as punishable as manslaughter with a maximum of 25 years' imprisonment, while Victoria caps the identical offense at a maximum of five years. 2
Elements of Offense
The Act applies where a woman, by a wilful act or omission, causes the death of her own child under the age of twelve months, at a time when the balance of her mind was disturbed because she had not fully recovered from the effects of giving birth to the child or from the effects of lactation following the birth. 1
Notable Example
The New South Wales case R v MB (No. 2) [2014] NSWSC 1755 is a reported Supreme Court of New South Wales application of section 22A of the state's Crimes Act 1900, the infanticide provision modeled on the original 1938 English Act. 2
Jurisdiction Variation
The Infanticide Act 1938 applies only to England and Wales, and expressly excludes Scotland and Northern Ireland; other common-law jurisdictions have adopted their own, differently penalized versions of the same idea, with New South Wales, Australia treating infanticide as punishable as manslaughter (a maximum of 25 years) under section 22A of its Crimes Act 1900, while Victoria, Australia caps the same offense at a maximum of five years under section 6 of its Crimes Act 1958, a fivefold difference between two Australian states alone. 2
Sources
1. Infanticide Act 1938 (Wikipedia)
Wikipedia
  • Section 1(1), disposition clause
    she shall be guilty of felony, to wit of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of the child.
  • Section 1(1), full definition
    Where a woman by any wilful act or omission causes the death of her child being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child
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2. Infanticide, comparative law (Wikipedia)
Wikipedia
  • Australia, comparative state maxima
    In Victoria, infanticide is defined by Section 6 of the Crimes Act of 1958 with a maximum penalty of five years.
  • Australia section, statutory citation
    (NSW) s 22A Infanticide; see also R v MB (No. 2) [2014] NSWSC 1755
  • New South Wales maximum penalty
    Because Infanticide is punishable as manslaughter, as per s24, the maximum penalty for this offence is therefore 25 years imprisonment.
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Infanticide (Wikipedia)
Wikipedialead paragraph, first sentence
Quote, lead paragraph, first sentence
Infanticide (or infant homicide) is the intentional killing of infants or offspring.
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