II 

108TH CONGRESS 

2D SESSION S. 2219

Entitled the ‘‘Motherhood Protection Act’’. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2004

Mrs. FEINSTEIN introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL

Entitled the ‘‘Motherhood Protection Act’’.

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 ‘‘Motherhood Protection 

5 Act’’. 

6 SEC. 2. PROTECTION OF PREGNANT WOMEN. 

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 

2 PREGNANT WOMEN

3 ‘‘CHAPTER 90A—PROTECTION OF PREGNANT 

4 WOMEN

‘‘Sec. 

‘‘1841. Causing termination of pregnancy or interruption of the normal course 

of pregnancy.

5 ‘‘§ 1841. Causing termination of pregnancy or inter6 ruption of the normal course of preg7 nancy 

8 ‘‘(a)(1) Any person who engages in conduct that vio9 lates any of the provisions of law listed in subsection (b) 

10 and thereby causes the termination of a pregnancy or the 

11 interruption of the normal course of pregnancy, including 

12 termination of the pregnancy other than by live birth is 

13 guilty of a separate offense under this section. 

14 ‘‘(2)(A) Except as otherwise provided in this para15 graph, the punishment for that separate offense is the 

16 same as the punishment provided for that conduct under 

17 Federal law had that injury or death occurred to the preg18 nant woman. 

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

20 proof that—

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

22 knowledge or should have had knowledge that the 

23 victim of the underlying offense was pregnant; or 
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1 ‘‘(ii) the defendant intended to cause the termi2 nation or interruption of the normal course of preg3 nancy. 

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

5 intentionally causes or attempts to cause the termination 

6 of or the interruption of the pregnancy, that person shall 

7 be punished as provided under section 1111, 1112, or 

8 1113, as applicable, for intentionally terminating or inter9 rupting the pregnancy or attempting to do so, instead of 

10 the penalties that would otherwise apply under subpara11 graph (A). 

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), 

19 844(f), 844(h)(1), 844(i), 924(j), 930, 1111, 1112, 

20 1113, 1114, 1116, 1118, 1119, 1120, 1121, 

21 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 

22 1512, 1513, 1751, 1864, 1951, 1952(a)(1)(B), 

23 1952(a)(2)(B), 1952(a)(3)(B), 1958, 1959, 1992, 

24 2113, 2114, 2116, 2118, 2119, 2191, 2231, 
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1 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 

2 2332a, 2332b, 2340A, 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) Subsection (a) does not permit prosecution—

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

9 which the consent of the pregnant woman has been 

10 obtained or for which such consent is implied by law 

11 in a medical emergency; 

12 ‘‘(2) for conduct relating to any medical treat13 ment of the pregnant woman, or matters related to 

14 the pregnancy; or 

15 ‘‘(3) of any woman with respect to her preg16 nancy.’’. 

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

18 for part 1 of title 18, United States Code, is amended by 

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

‘‘90A. Protection of pregnant women ......................................... 1841’’.

21 SEC. 3. MILITARY JUSTICE SYSTEM. 

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

24 (the Uniform Code of Military Justice), is amended by in25 serting after section 919 (article 119) the following: 
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1 ‘‘§Sec. 919a. Art. 119a. Causing termination of preg2 nancy or interruption of normal course of 

3 pregnancy 

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 termination 

7 of a pregnancy or the interruption of the normal course 

8 of pregnancy, including termination of the pregnancy 

9 other than by live birth, is guilty of a separate offense 

10 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 for that conduct under this chap14 ter had that injury or death occurred to the pregnant 

15 woman. 

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 termi22 nation or interruption of the normal course of preg23 nancy. 

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

25 intentionally causes or attempts to cause the termination 

26 of or the interruption of the pregnancy, that person shall 
6

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1 be punished as provided under section 918, 919, or 880 

2 of this title (article 118, 119, or 80), as applicable, for 

3 intentionally causing the termination of or interruption of 

4 the pregnancy or attempting to do so, instead of the pen5 alties that would otherwise apply under subparagraph (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 sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, 

11 and 928 of this title (articles 111, 118, 119(a), 119(b)(2), 

12 120(a), 122, 124, 126, and 128). 

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

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

15 which the consent of the pregnant woman has been 

16 obtained or for which such consent is implied by law 

17 in a medical emergency; 

18 ‘‘(2) for conduct relating to any medical treat19 ment of the pregnant woman or matters relating to 

20 her pregnancy; or 

21 ‘‘(3) of any woman with respect to her preg22 nancy.’’. 

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

24 the beginning of subchapter X of chapter 47 of title 10, 

25 United States Code (the Uniform Code of Military Jus-
7

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1 tice), is amended by inserting after the item relating to 

2 section 919 the following:

‘‘919a. Causing termination of pregnancy and termination of normal course of 

pregnancy.’’.

Æ