IB 

108TH CONGRESS 

2ND SESSION H. R. 1997

[Report No. 108–420, Part I] 

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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FEBRUARY 11, 2004

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

FEBRUARY 11, 2004

Additional sponsors: Mr. CANNON, Mr. LEWIS of Kentucky, Mr. SIMPSON, Mr. 

HUNTER, Mr. TANCREDO, Mr. BARRETT of South Carolina, Mr. GARY

G. MILLER of California, Mr. NUNES, Mrs. NORTHUP, Mr. MURPHY, Mr. 

WAMP, Mr. CHOCOLA, Mr. BISHOP of Utah, Mr. ALEXANDER, Mr. 

BOOZMAN, Mr. SESSIONS, Mr. KNOLLENBERG, Mr. PUTNAM, Mr. DAVIS

of Tennessee, Mr. REHBERG, Mr. PETRI, Mr. PETERSON of Minnesota, 

Mr. ISAKSON, Mr. COLLINS, Mr. EHLERS, Mr. MCINTYRE, Mr. SCHROCK, 

Ms. GINNY BROWN-WAITE of Florida, Mr. PLATTS, Mr. ISSA, Mr. 

BURNS, Mr. RAHALL, Mr. LUCAS of Oklahoma, Mr. ROGERS of Michigan, 

Mr. BARTON of Texas, Mrs. MILLER of Michigan, Mr. SHUSTER, Mr. 

HALL, and Mr. BALLENGER

FEBRUARY 11, 2004

Referral to the Committee on Armed Services extended for a period ending 

not later than February 11, 2004; Committee on Armed Services discharged; committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on May 7, 2003] 

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 2004’’ 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: 
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1 ‘‘CHAPTER 90A—PROTECTION OF UNBORN 

2 CHILDREN

‘‘Sec. 

‘‘1841. Protection of unborn children.

3 ‘‘§ 1841. Protection of unborn children 

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

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

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

7 1365) to, a child, who is in utero at the time the conduct 

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

9 ‘‘(2)(A) Except as otherwise provided in this para10 graph, the punishment for that separate offense is the same 

11 as the punishment provided under Federal law for that con12 duct had that injury or death occurred to the unborn child’s 

13 mother. 

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

15 proof that—

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

17 knowledge or should have had knowledge that the vic18 tim of the underlying offense was pregnant; or 

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

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

21 ‘‘(C) If the person engaging in the conduct thereby in22 tentionally kills or attempts to kill the unborn child, that 

23 person shall instead of being punished under subparagraph 

24 (A), be punished as provided under sections 1111, 1112, and 
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1 1113 of this title for intentionally killing or attempting to 

2 kill a human being. 

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

4 death penalty shall not be imposed for an offense under this 

5 section. 

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

7 the following: 

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

9 229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1),

10 and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 

11 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 

12 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 

13 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 

14 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 

15 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 

16 2332a, 2332b, 2340A, and 2441 of this title. 

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

18 Act of 1970 (21 U.S.C. 848(e)). 

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

20 1954 (42 U.S.C. 2283). 

21 ‘‘(c) Nothing in this section shall be construed to per22 mit the prosecution—

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

24 abortion for which the consent of the pregnant 

25 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 is 

2 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) As used in this section, the term ‘unborn child’ 

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

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

10 sapiens, at any stage of development, who is carried in the 

11 womb.’’. 

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

13 part I of title 18, United States Code, is amended by insert14 ing after the item relating to chapter 90 the following new 

15 item:

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

16 SEC. 3. MILITARY JUSTICE SYSTEM. 

17 (a) PROTECTION OF UNBORN CHILDREN.—Subchapter 

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

19 Code of Military Justice), is amended by inserting after sec20 tion 919 (article 119) the following new section: 

21 ‘‘§ 919a. Art. 119a. Protection of unborn children 

22 ‘‘(a)(1) Any person subject to this chapter who engages 

23 in conduct that violates any of the provisions of law listed 

24 in subsection (b) and thereby causes the death of, or bodily 

25 injury (as defined in section 1365 of title 18) to, a child, 
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1 who is in utero at the time the conduct takes place, is guilty 

2 of a separate offense under this section. 

3 ‘‘(2)(A) Except as otherwise provided in this para4 graph, the punishment for that separate offense is the same 

5 as the punishment provided under this chapter for that con6 duct had that injury or death occurred to the unborn child’s 

7 mother. 

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

9 proof that—

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

11 knowledge or should have had knowledge that the vic12 tim of the underlying offense was pregnant; or 

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

14 or bodily injury to, the unborn child. 

15 ‘‘(C) If the person engaging in the conduct thereby in16 tentionally kills or attempts to kill the unborn child, that 

17 person shall, instead of being punished under subparagraph 

18 (A), be punished as provided under sections 880, 918, and 

19 919(a) of this title (articles 80, 118, and 119(a)) for inten20 tionally killing or attempting to kill a human being. 

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

22 death penalty shall not be imposed for an offense under this 

23 section. 

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

25 sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 
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1 928 of this title (articles 118, 119(a), 119(b)(2), 120(a), 

2 122, 124, 126, and 128). 

3 ‘‘(c) Nothing in this section shall be construed to per4 mit the prosecution—

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

6 abortion for which the consent of the pregnant 

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

8 behalf, has been obtained or for which such consent is 

9 implied by law; 

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

11 the pregnant woman or her unborn child; or 

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

13 child. 

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

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

16 is in utero’ means a member of the species homo sapiens, 

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

18 (b) CLERICAL AMENDMENT.—The table of sections at 

19 the beginning of such subchapter is amended by inserting 

20 after the item relating to section 919 the following new item:

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

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