H. R. 1997

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twentieth day of January, two thousand and four

An Act

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Unborn Victims of Violence

Act of 2004’’ or ‘‘Laci and Conner’s Law’’.

SEC. 2. PROTECTION OF UNBORN CHILDREN.

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

by inserting after chapter 90 the following:

‘‘CHAPTER 90A—PROTECTION OF UNBORN CHILDREN

‘‘Sec.

‘‘1841. Protection of unborn children.

‘‘§ 1841. Protection of unborn children

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

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

death of, or bodily injury (as defined in section 1365) to, a child,

who is in utero at the time the conduct takes place, is guilty

of a separate offense under this section.

‘‘(2)(A) Except as otherwise provided in this paragraph, the

punishment for that separate offense is the same as the punishment

provided under Federal law for that conduct had that injury or

death occurred to the unborn child’s mother.

‘‘(B) An offense under this section does not require proof that—

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

or should have had knowledge that the victim of the underlying

offense was pregnant; or

‘‘(ii) the defendant intended to cause the death of, or bodily

injury to, the unborn child.

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

kills or attempts to kill the unborn child, that person shall instead

of being punished under subparagraph (A), be punished as provided

under sections 1111, 1112, and 1113 of this title for intentionally

killing or attempting to kill a human being.

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

penalty shall not be imposed for an offense under this section.

‘‘(b) The provisions referred to in subsection (a) are the following:

‘‘(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229,

242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i), 924(j),
H. R. 1997—2

930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121,

1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513,

1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958,

1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a),

2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A,

and 2441 of this title.

‘‘(2) Section 408(e) of the Controlled Substances Act of

1970 (21 U.S.C. 848(e)).

‘‘(3) Section 202 of the Atomic Energy Act of 1954 (42

U.S.C. 2283).

‘‘(c) Nothing in this section shall be construed to permit the

prosecution—

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

which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for

which such consent is implied by law;

‘‘(2) of any person for any medical treatment of the pregnant

woman or her unborn child; or

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

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

a child in utero, and the term ‘child in utero’ or ‘child, who is

in utero’ means a member of the species homo sapiens, at any

stage of development, who is carried in the womb.’’.

(b) CLERICAL AMENDMENT.—The table of chapters for part I

of title 18, United States Code, is amended by inserting after

the item relating to chapter 90 the following new item:

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

SEC. 3. MILITARY JUSTICE SYSTEM.

(a) PROTECTION OF UNBORN CHILDREN.—Subchapter X of

chapter 47 of title 10, United States Code (the Uniform Code

of Military Justice), is amended by inserting after section 919

(article 119) the following new section:

‘‘§ 919a. Art. 119a. Death or injury of an unborn child

‘‘(a)(1) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection

(b) and thereby causes the death of, or bodily injury (as defined

in section 1365 of title 18) to, a child, who is in utero at the

time the conduct takes place, is guilty of a separate offense under

this section and shall, upon conviction, be punished by such punishment, other than death, as a court-martial may direct, which shall

be consistent with the punishments prescribed by the President

for that conduct had that injury or death occurred to the unborn

child’s mother.

‘‘(2) An offense under this section does not require proof that—

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

or should have had knowledge that the victim of the underlying

offense was pregnant; or

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

injury to, the unborn child.

‘‘(3) If the person engaging in the conduct thereby intentionally

kills or attempts to kill the unborn child, that person shall, instead

of being punished under paragraph (1), be punished as provided

under sections 880, 918, and 919(a) of this title (articles 80, 118,

and 119(a)) for intentionally killing or attempting to kill a human

being.
H. R. 1997—3

‘‘(4) Notwithstanding any other provision of law, the death

penalty shall not be imposed for an offense under this section.

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

918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title

(articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128).

‘‘(c) Nothing in this section shall be construed to permit the

prosecution—

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

which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for

which such consent is implied by law;

‘‘(2) of any person for any medical treatment of the pregnant

woman or her unborn child; or

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

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

in utero, and the term ‘child in utero’ or ‘child, who is in utero’

means a member of the species homo sapiens, at any stage of

development, who is carried in the womb.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item

relating to section 919 the following new item:

‘‘919a. 119a. Death or injury of an unborn child.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.