II 

Calendar No. 458

108TH CONGRESS 

2D SESSION H. R. 1997

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 26, 2004

Received 

MARCH 10, 2004

Read the first time 

MARCH 11, 2004

Read the second time and placed on the calendar 

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.

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 2004’’ or ‘‘Laci and Conner’s Law’’. 
2

HR 1997 PCS 

1 SEC. 2. PROTECTION OF UNBORN CHILDREN. 

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

3 amended by inserting after chapter 90 the following: 

4 ‘‘CHAPTER 90A—PROTECTION OF UNBORN 

5 CHILDREN

‘‘Sec. 

‘‘1841. Protection of unborn children.

6 ‘‘§ 1841. Protection of unborn children 

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

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

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

10 1365) to, a child, who is in utero at the time the conduct 

11 takes place, is guilty of a separate offense under this sec12 tion. 

13 ‘‘(2)(A) Except as otherwise provided in this para14 graph, the punishment for that separate offense is the 

15 same as the punishment provided under Federal law for 

16 that conduct had that injury or death occurred to the un17 born child’s mother. 

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

19 proof that—

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

21 knowledge or should have had knowledge that the 

22 victim of the underlying offense was pregnant; or 

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

24 of, or bodily injury to, the unborn child. 
3

HR 1997 PCS 

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

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

3 person shall instead of being punished under subpara4 graph (A), be punished as provided under sections 1111, 

5 1112, and 1113 of this title for intentionally killing or at6 tempting to kill a human being. 

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

8 death penalty shall not be imposed for an offense under 

9 this section. 

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

11 the following: 

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

13 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), 

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

15 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 

16 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 

17 1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), 

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

19 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 

20 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, 

21 and 2441 of this title. 

22 ‘‘(2) Section 408(e) of the Controlled Sub23 stances Act of 1970 (21 U.S.C. 848(e)). 

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

25 1954 (42 U.S.C. 2283). 
4

HR 1997 PCS 

1 ‘‘(c) Nothing in this section shall be construed to per2 mit the prosecution—

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

4 abortion for which the consent of the pregnant 

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

6 behalf, has been obtained or for which such consent 

7 is implied by law; 

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

9 the pregnant woman or her unborn child; or 

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

11 child. 

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

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

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

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

16 in the womb.’’. 

17 (b) CLERICAL AMENDMENT.—The table of chapters 

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

19 inserting after the item relating to chapter 90 the fol20 lowing new item:

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

21 SEC. 3. MILITARY JUSTICE SYSTEM. 

22 (a) PROTECTION OF UNBORN CHILDREN.—Sub23 chapter X of chapter 47 of title 10, United States Code 

24 (the Uniform Code of Military Justice), is amended by in-
5

HR 1997 PCS 

1 serting after section 919 (article 119) the following new 

2 section: 

3 ‘‘§ 919a. Art. 119a. Death or injury of an unborn child 

4 ‘‘(a)(1) Any person subject to this chapter who en5 gages in conduct that violates any of the provisions of law 

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

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

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

9 place, is guilty of a separate offense under this section 

10 and shall, upon conviction, be punished by such punish11 ment, other than death, as a court-martial may direct, 

12 which shall be consistent with the punishments prescribed 

13 by the President for that conduct had that injury or death 

14 occurred to the unborn child’s mother. 

15 ‘‘(2) An offense under this section does not require 

16 proof that—

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

18 knowledge or should have had knowledge that the 

19 victim of the underlying offense was pregnant; or 

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

21 or bodily injury to, the unborn child. 

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

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

24 person shall, instead of being punished under paragraph 

25 (1), be punished as provided under sections 880, 918, and 
6

HR 1997 PCS 

1 919(a) of this title (articles 80, 118, and 119(a)) for in2 tentionally killing or attempting to kill a human being. 

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

4 death penalty shall not be imposed for an offense under 

5 this section. 

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

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

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

9 120(a), 122, 124, 126, and 128). 

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

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

23 who is in utero’ means a member of the species homo sapi24 ens, at any stage of development, who is carried in the 

25 womb.’’. 
7

HR 1997 PCS 

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

2 at the beginning of such subchapter is amended by insert3 ing after the item relating to section 919 the following 

4 new item:

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

Passed the House of Representatives February 26, 

2004. 

Attest: JEFF TRANDAHL, 

Clerk. 
Calendar No. 458

108TH CONGRESS 

2D SESSION H. R. 1997

AN ACT

To amend title 18, United States Code, and the 

other purposes. born children from assault and murder, and for Uniform Code of Military Justice to protect unMARCH 11, 2004

Read the second time and placed on the calendar