22-16-1.1.   Fetal homicide--Felony--Application. Homicide is fetal homicide if the person knew, or reasonably should have known, that a woman bearing an unborn child was pregnant and caused the death of the unborn child without lawful justification and if the person:

             (1)      Intended to cause the death of or do serious bodily injury to the pregnant woman or the unborn child; or

             (2)      Knew that the acts taken would cause death or serious bodily injury to the pregnant woman or her unborn child; or

             (3)      If perpetrated without any design to effect death by a person engaged in the commission of any felony.

     Fetal homicide is a Class B felony.

     This section does not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, lawful or unlawful, to which the pregnant woman consented.

Source: SL 1995, ch 122, § 3; SL 2005, ch 120, § 151.

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