I 

108TH CONGRESS 

1ST SESSION H. R. 1997

To amend title 18, United States Code, and the Uniform Code of Military 

Justice to protect unborn children from assault and murder, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2003

Ms. HART (for herself, Mr. CHABOT, Mr. NEY, Mr. FORBES, Mr. ADERHOLT, 

Mr. AKIN, Mr. BACHUS, Mr. BAKER, Mr. BARTLETT of Maryland, Mr. 

BLUNT, Mr. BRADY of Texas, Mr. BURGESS, Mr. BURR, Mr. BURTON

of Indiana, Mr. BUYER, Mr. CAMP, Mr. CANTOR, Mr. CARTER, Mr. 

COLE, Mr. COSTELLO, Mr. CRANE, Mrs. JO ANN DAVIS of Virginia, Mr. 

DEMINT, Mr. DOOLITTLE, Mrs. EMERSON, Mr. ENGLISH, Mr. EVERETT, 

Mr. FOSSELLA, Mr. FRANKS of Arizona, Mr. FERGUSON, Mr. GARRETT

of New Jersey, Mr. GOODE, Mr. GOODLATTE, Mr. GREEN of Wisconsin, 

Mr. GUTKNECHT, Mr. HASTINGS of Washington, Mr. HAYES, Mr. 

HAYWORTH, Mr. HEFLEY, Mr. HOEKSTRA, Mr. HOSTETTLER, Mr. 

HULSHOF, Mr. HYDE, Mr. ISTOOK, Mr. JANKLOW, Mr. JOHN, Mr. 

JONES of North Carolina, Mr. KELLER, Mr. KENNEDY of Minnesota, Mr. 

KING of New York, Mr. KING of Iowa, Mr. KINGSTON, Mr. KLINE, Mr. 

LAHOOD, Mr. MANZULLO, Mr. MCCOTTER, Mr. MILLER of Florida, Mrs. 

MYRICK, Mr. NORWOOD, Mr. OBERSTAR, Mr. OTTER, Mr. OXLEY, Mr. 

PETERSON of Pennsylvania, Mr. PENCE, Mr. PICKERING, Mr. PITTS, Mr. 

RENZI, Mr. REYNOLDS, Ms. ROS-LEHTINEN, Mr. RYAN of Wisconsin, 

Mr. RYUN of Kansas, Mr. SHIMKUS, Mr. SMITH of New Jersey, Mr. 

SOUDER, Mr. STEARNS, Mr. STENHOLM, Mr. SULLIVAN, Mr. TERRY, Mr. 

TIAHRT, Mr. VITTER, Mr. WELDON of Florida, Mr. WELLER, Mr. WICKER, Mr. WILSON of South Carolina, Mr. WOLF, Mrs. CUBIN, Mr. LUCAS

of Kentucky, Mr. TOOMEY, Mr. CUNNINGHAM, Ms. HARRIS, Mr. LINCOLN DIAZ-BALART of Florida, Mr. DELAY, Mr. ROGERS of Alabama, 

Mr. TURNER of Ohio, Mr. FEENEY, Mrs. BLACKBURN, Mr. BEAUPREZ, 

and Mr. GINGREY) introduced the following bill; which was referred to 

the Committee on the Judiciary, and in addition to the Committee on 

Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 
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A BILL

To amend title 18, United States Code, and the Uniform 

Code of Military Justice to protect unborn children from 

assault and murder, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Unborn Victims of Vio5 lence Act of 2003’’ or ‘‘Laci and Conner’s Law’’. 

6 SEC. 2. PROTECTION OF UNBORN CHILDREN. 

7 (a) IN GENERAL.—Title 18, United States Code, is 

8 amended by inserting after chapter 90 the following: 

9 ‘‘CHAPTER 90A—PROTECTION OF UNBORN 

10 CHILDREN

‘‘Sec. 

‘‘1841. Protection of unborn children.

11 ‘‘§ 1841. Protection of unborn children 

12 ‘‘(a)(1) Whoever engages in conduct that violates any 

13 of the provisions of law listed in subsection (b) and thereby 

14 causes the death of, or bodily injury (as defined in section 

15 1365) to, a child, who is in utero at the time the conduct 

16 takes place, is guilty of a separate offense under this sec17 tion. 

18 ‘‘(2)(A) Except as otherwise provided in this para19 graph, the punishment for that separate offense is the 

20 same as the punishment provided under Federal law for 
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1 that conduct had that injury or death occurred to the un2 born child’s mother. 

3 ‘‘(B) An offense under this section does not require 

4 proof that—

5 ‘‘(i) the person engaging in the conduct had 

6 knowledge or should have had knowledge that the 

7 victim of the underlying offense was pregnant; or 

8 ‘‘(ii) the defendant intended to cause the death 

9 of, or bodily injury to, the unborn child. 

10 ‘‘(C) If the person engaging in the conduct thereby 

11 intentionally kills or attempts to kill the unborn child, that 

12 person shall instead of being punished under subpara13 graph (A), be punished as provided under sections 1111, 

14 1112, and 1113 of this title for intentionally killing or at15 tempting to kill a human being. 

16 ‘‘(D) Notwithstanding any other provision of law, the 

17 death penalty shall not be imposed for an offense under 

18 this section. 

19 ‘‘(b) The provisions referred to in subsection (a) are 

20 the following: 

21 ‘‘(1) Sections 36, 37, 43, 111, 112, 113, 114, 

22 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), 

23 (h)(1), and (i), 924(j), 930, 1111, 1112, 1113, 

24 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 

25 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 
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1 1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), 

2 and (a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 

3 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 

4 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, 

5 and 2441 of this title. 

6 ‘‘(2) Section 408(e) of the Controlled Sub7 stances Act of 1970 (21 U.S.C. 848(e)). 

8 ‘‘(3) Section 202 of the Atomic Energy Act of 

9 1954 (42 U.S.C. 2283).

10 ‘‘(c) Nothing in this section shall be construed to per11 mit the prosecution—

12 ‘‘(1) of any person for conduct relating to an 

13 abortion for which the consent of the pregnant 

14 woman, or a person authorized by law to act on her 

15 behalf, has been obtained or for which such consent 

16 is implied by law; 

17 ‘‘(2) of any person for any medical treatment of 

18 the pregnant woman or her unborn child; or 

19 ‘‘(3) of any woman with respect to her unborn 

20 child. 

21 ‘‘(d) As used in this section, the term ‘unborn child’ 

22 means a child in utero, and the term ‘child in utero’ or 

23 ‘child, who is in utero’ means a member of the species 

24 homo sapiens, at any stage of development, who is carried 

25 in the womb.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of chapters 

2 for part I of title 18, United States Code, is amended by 

3 inserting after the item relating to chapter 90 the fol4 lowing new item:

‘‘90A. Protection of unborn children .......................................... 1841’’.

5 SEC. 3. MILITARY JUSTICE SYSTEM. 

6 (a) PROTECTION OF UNBORN CHILDREN.—Sub7 chapter X of chapter 47 of title 10, United States Code 

8 (the Uniform Code of Military Justice), is amended by in9 serting after section 919 (article 119) the following new 

10 section: 

11 ‘‘§ 919a. Art. 119a. Protection of unborn children 

12 ‘‘(a)(1) Any person subject to this chapter who en13 gages in conduct that violates any of the provisions of law 

14 listed in subsection (b) and thereby causes the death of, 

15 or bodily injury (as defined in section 1365 of title 18) 

16 to, a child, who is in utero at the time the conduct takes 

17 place, is guilty of a separate offense under this section. 

18 ‘‘(2)(A) Except as otherwise provided in this para19 graph, the punishment for that separate offense is the 

20 same as the punishment provided under this chapter for 

21 that conduct had that injury or death occurred to the un22 born child’s mother. 

23 ‘‘(B) An offense under this section does not require 

24 proof that—
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•HR 1997 IH 

1 ‘‘(i) the person engaging in the conduct had 

2 knowledge or should have had knowledge that the 

3 victim of the underlying offense was pregnant; or 

4 ‘‘(ii) the accused intended to cause the death of, 

5 or bodily injury to, the unborn child. 

6 ‘‘(C) If the person engaging in the conduct thereby 

7 intentionally kills or attempts to kill the unborn child, that 

8 person shall, instead of being punished under subpara9 graph (A), be punished as provided under sections 880, 

10 918, and 919(a) of this title (articles 80, 118, and 119(a)) 

11 for intentionally killing or attempting to kill a human 

12 being. 

13 ‘‘(D) Notwithstanding any other provision of law, the 

14 death penalty shall not be imposed for an offense under 

15 this section. 

16 ‘‘(b) The provisions referred to in subsection (a) are 

17 sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, 

18 and 928 of this title (articles 118, 119(a), 119(b)(2), 

19 120(a), 122, 124, 126, and 128). 

20 ‘‘(c) Nothing in this section shall be construed to per21 mit the prosecution—

22 ‘‘(1) of any person for conduct relating to an 

23 abortion for which the consent of the pregnant 

24 woman, or a person authorized by law to act on her 
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1 behalf, has been obtained or for which such consent 

2 is implied by law; 

3 ‘‘(2) of any person for any medical treatment of 

4 the pregnant woman or her unborn child; or 

5 ‘‘(3) of any woman with respect to her unborn 

6 child. 

7 ‘‘(d) In this section, the term ‘unborn child’ means 

8 a child in utero, and the term ‘child in utero’ or ‘child, 

9 who is in utero’ means a member of the species homo sapi10 ens, at any stage of development, who is carried in the 

11 womb.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of such subchapter is amended by insert14 ing after the item relating to section 919 the following 

15 new item:

‘‘919a. 119a. Protection of unborn children.’’.

Æ