II

106TH CONGRESS

1ST SESSION S. 1673

To amend titles 10 and 18, United States Code, to protect unborn victims

of violence.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 30, 1999

Mr. DEWINE (for himself, Mr. HUTCHINSON, Mr. VOINOVICH, Mr. NICKLES,

Mr. HELMS, and Mr. ENZI) introduced the following bill; which was read

twice and referred to the Committee on the Judiciary

A BILL

To amend titles 10 and 18, United States Code, to protect

unborn victims of violence.

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 1999’’.

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. Causing death of or bodily injury to unborn child.

3 ‘‘§ 1841. Causing death of or bodily injury to unborn

4 child

5 ‘‘(a)(1) Any person who engages in conduct that vio6 lates any of the provisions of law listed in subsection (b)

7 and thereby causes the death of, or bodily injury (as de8 fined in section 1365 of this title) to, a child, who is in

9 utero at the time the conduct takes place, is guilty of a

10 separate offense under this section.

11 ‘‘(2)(A) Except as otherwise provided in this para12 graph, the punishment for that separate offense is the

13 same as the punishment provided for that conduct under

14 Federal law had that injury or death occurred to the un15 born child’s mother.

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

17 proof that—

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

19 knowledge or should have had knowledge that the

20 victim of the underlying offense was pregnant; or

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

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

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

24 intentionally kills or attempts to kill the unborn child, that
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1 person shall be punished as provided under section 1111,

2 1112, or 1113 of this title, as applicable, for intentionally

3 killing or attempting to kill a human being, instead of the

4 penalties that would otherwise apply under subparagraph

5 (A).

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

7 death penalty shall not be imposed for an offense under

8 this section.

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

10 the following:

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

12 115, 229, 242, 245, 247, 248, 351, 831, 844(d),

13 844(f), 844(h)(1), 844(i), 924(j), 930, 1111, 1112,

14 1113, 1114, 1116, 1118, 1119, 1120, 1121,

15 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505,

16 1512, 1513, 1751, 1864, 1951, 1952(a)(1)(B),

17 1952(a)(2)(B), 1952(a)(3)(B), 1958, 1959, 1992,

18 2113, 2114, 2116, 2118, 2119, 2191, 2231,

19 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332,

20 2332a, 2332b, 2340A, and 2441 of this title.

21 ‘‘(2) Section 408(e) of the Controlled Sub22 stances Act of 1970 (21 U.S.C. 848(e)).

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

24 1954 (42 U.S.C. 2283).

25 ‘‘(c) Subsection (a) does not permit prosecution—
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1 ‘‘(1) for conduct relating to an abortion for

2 which the consent of the pregnant woman has been

3 obtained or for which such consent is implied by law

4 in a medical emergency;

5 ‘‘(2) for conduct relating to any medical treat6 ment of the pregnant woman or her unborn child; or

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

8 child.

9 ‘‘(d) In this section—

10 ‘‘(1) the terms ‘child in utero’ and ‘child, who

11 is in utero’ mean a member of the species homo

12 sapiens, at any stage of development, who is carried

13 in the womb; and

14 ‘‘(2) the term ‘unborn child’ means a child in

15 utero.’’.

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

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

18 inserting after the item relating to chapter 90 the fol19 lowing:

‘‘90A. Causing death of or bodily injury to unborn child 1841’’.

20 SEC. 3. MILITARY JUSTICE SYSTEM.

21 (a) PROTECTION OF UNBORN CHILDREN.—Sub22 chapter X of chapter 47 of title 10, United States Code

23 (the Uniform Code of Military Justice), is amended by in24 serting after section 919 (article 119) the following:
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1 ‘‘§ 919a. Art. 119a. Causing death of or bodily injury

2 to unborn child

3 ‘‘(a)(1) Any person subject to this chapter who en4 gages in conduct that violates any of the provisions of law

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

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

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

8 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

11 same as the punishment for that conduct under this chap12 ter 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

18 victim 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

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

23 person shall be punished as provided under section 918,

24 919, or 880 of this title (article 118, 119, or 80), as appli25 cable, for intentionally killing or attempting to kill a
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1 human being, instead of the penalties that would otherwise

2 apply under subparagraph (A).

3 ‘‘(D) 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 111, 118, 119(a), 119(b)(2),

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

10 ‘‘(c) Subsection (a) does not permit prosecution—

11 ‘‘(1) for conduct relating to an abortion for

12 which the consent of the pregnant woman has been

13 obtained or for which such consent is implied by law

14 in a medical emergency;

15 ‘‘(2) for conduct relating to any medical treat16 ment of the pregnant woman or her unborn child; or

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

18 child.

19 ‘‘(d) In this section—

20 ‘‘(1) the terms ‘child in utero’ and ‘child, who

21 is in utero’ mean a member of the species homo

22 sapiens, at any stage of development, who is carried

23 in the womb; and

24 ‘‘(2) the term ‘unborn child’ means a child in

25 utero.’’.
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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:

‘‘919a. 119a. Causing death of or bodily injury to unborn child.’’.

Æ