108TH CONGRESS

2D SESSION H. R. 1997

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 forother purposes.

108TH CONGRESS

2D SESSION H. R. 1997

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Unborn Victims of Vio3 lence Act of 2004’’ or ‘‘Laci and Conner’s Law’’.

4 SEC. 2. PROTECTION OF UNBORN CHILDREN.

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

6 amended by inserting after chapter 90 the following:

7 ‘‘CHAPTER 90A—PROTECTION OF UNBORN

8 CHILDREN

‘‘Sec.

‘‘1841. Protection of unborn children.

9 ‘‘§ 1841. Protection of unborn children

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

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

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

13 1365) to, a child, who is in utero at the time the conduct

14 takes place, is guilty of a separate offense under this sec15 tion.

16 ‘‘(2)(A) Except as otherwise provided in this para17 graph, the punishment for that separate offense is the

18 same as the punishment provided under Federal law for

19 that conduct had that injury or death occurred to the un20 born child’s mother.

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

22 proof that—
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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 defendant intended to cause the death

5 of, 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 1111,

10 1112, and 1113 of this title for intentionally killing or at11 tempting to kill a human being.

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

13 death penalty shall not be imposed for an offense under

14 this section.

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

16 the following:

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

18 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f),

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

20 1114, 1116, 1118, 1119, 1120, 1121, 1153(a),

21 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512,

22 1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B),

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

24 2118, 2119, 2191, 2231, 2241(a), 2245, 2261,
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1 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A,

2 and 2441 of this title.

3 ‘‘(2) Section 408(e) of the Controlled Sub4 stances Act of 1970 (21 U.S.C. 848(e)).

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

6 1954 (42 U.S.C. 2283).

7 ‘‘(c) Nothing in this section shall be construed to per8 mit the prosecution—

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

10 abortion for which the consent of the pregnant

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

12 behalf, has been obtained or for which such consent

13 is implied by law;

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

15 the pregnant woman or her unborn child; or

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

17 child.

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

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

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

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

22 in the womb.’’.

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

24 for part I of title 18, United States Code, is amended by
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1 inserting after the item relating to chapter 90 the fol2 lowing new item:

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

3 SEC. 3. MILITARY JUSTICE SYSTEM.

4 (a) PROTECTION OF UNBORN CHILDREN.—Sub5 chapter X of chapter 47 of title 10, United States Code

6 (the Uniform Code of Military Justice), is amended by in7 serting after section 919 (article 119) the following new

8 section:

9 ‘‘§ 919a. Art. 119a. Death or injury of an unborn child

10 ‘‘(a)(1) Any person subject to this chapter who en11 gages in conduct that violates any of the provisions of law

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

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

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

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

16 and shall, upon conviction, be punished by such punish17 ment, other than death, as a court-martial may direct,

18 which shall be consistent with the punishments prescribed

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

20 occurred to the unborn child’s mother.

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

22 proof that—

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

24 knowledge or should have had knowledge that the

25 victim of the underlying offense was pregnant; or
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1 ‘‘(ii) the accused intended to cause the death of,

2 or bodily injury to, the unborn child.

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

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

5 person shall, instead of being punished under paragraph

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

7 919(a) of this title (articles 80, 118, and 119(a)) for in8 tentionally killing or attempting to kill a human being.

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

10 death penalty shall not be imposed for an offense under

11 this section.

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

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

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

15 120(a), 122, 124, 126, and 128).

16 ‘‘(c) Nothing in this section shall be construed to per17 mit the prosecution—

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

19 abortion for which the consent of the pregnant

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

21 behalf, has been obtained or for which such consent

22 is implied by law;

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

24 the pregnant woman or her unborn child; or
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1 ‘‘(3) of any woman with respect to her unborn

2 child.

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

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

5 who is in utero’ means a member of the species homo sapi6 ens, at any stage of development, who is carried in the

7 womb.’’.

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

9 at the beginning of such subchapter is amended by insert10 ing after the item relating to section 919 the following

11 new item:

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

Passed the House of Representatives February 26,

2004.

Attest:

Clerk.