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:
Intended to cause the death of or do serious bodily injury to the pregnant woman or the
unborn child; or
Knew that the acts taken would cause death or serious bodily injury to the pregnant
woman or her unborn child; or
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.