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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Unborn Victims of Vio-
lence Act of 2004’’ or ‘‘Laci and Conner’s Law’’.
HR 1997 PCS 
SEC. 2. PROTECTION OF UNBORN CHILDREN. 
(a) IN GENERAL.—Title 18, United States Code, is 
amended by inserting after chapter 90 the following: 
‘‘CHAPTER 90A—PROTECTION OF UNBORN 
CHILDREN
‘‘Sec. 
‘‘1841. Protection of unborn children.
‘‘§ 1841. Protection of unborn children 
‘‘(a)(1) Whoever engages in conduct that violates any 
of the provisions of law listed in subsection (b) and thereby 
causes the death of, or bodily injury (as defined in section 
1365) to, a child, who is in utero at the time the conduct 
takes place, is guilty of a separate offense under this sec-
tion. 
‘‘(2)(A) Except as otherwise provided in this para-
graph, the punishment for that separate offense is the 
same as the punishment provided under Federal law for 
that conduct had that injury or death occurred to the un-
born child’s mother. 
‘‘(B) An offense under this section does not require 
proof that—
‘‘(i) the person engaging in the conduct had 
knowledge or should have had knowledge that the 
victim of the underlying offense was pregnant; or 
‘‘(ii) the defendant intended to cause the death 
of, or bodily injury to, the unborn child.
HR 1997 PCS 
‘‘(C) If the person engaging in the conduct thereby 
intentionally kills or attempts to kill the unborn child, that 
person shall instead of being punished under subpara-
graph (A), be punished as provided under sections 1111, 
1112, and 1113 of this title for intentionally killing or at-
tempting to kill a human being. 
‘‘(D) Notwithstanding any other provision of law, the 
death penalty shall not be imposed for an offense under 
this section. 
‘‘(b) The provisions referred to in subsection (a) are 
the following: 
‘‘(1) Sections 36, 37, 43, 111, 112, 113, 114, 
115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), 
(h)(1), and (i), 924(j), 930, 1111, 1112, 1113, 
1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 
1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 
1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), 
and (a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 
2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 
2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, 
and 2441 of this title. 
‘‘(2) Section 408(e) of the Controlled Sub-
stances Act of 1970 (21 U.S.C. 848(e)). 
‘‘(3) Section 202 of the Atomic Energy Act of 
1954 (42 U.S.C. 2283).
HR 1997 PCS 
‘‘(c) Nothing in this section shall be construed to per-
mit the prosecution—
‘‘(1) of any person for conduct relating to an 
abortion for which the consent of the pregnant 
woman, or a person authorized by law to act on her 
behalf, has been obtained or for which such consent 
is implied by law; 
‘‘(2) of any person for any medical treatment of 
the pregnant woman or her unborn child; or 
‘‘(3) of any woman with respect to her unborn 
child. 
‘‘(d) As used in this section, the term ‘unborn child’ 
means a child in utero, and the term ‘child in utero’ or 
‘child, who is in utero’ means a member of the species 
homo sapiens, at any stage of development, who is carried 
in the womb.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
for part I of title 18, United States Code, is amended by 
inserting after the item relating to chapter 90 the fol-
lowing new item:
‘‘90A. Protection of unborn children .......................................... 1841’’.
SEC. 3. MILITARY JUSTICE SYSTEM. 
(a) PROTECTION
OF UNBORN CHILDREN.—Sub-
chapter X of chapter 47 of title 10, United States Code 
(the Uniform Code of Military Justice), is amended by in-
HR 1997 PCS 
serting after section 919 (article 119) the following new 
section: 
‘‘§ 919a. Art. 119a. Death or injury of an unborn child 
‘‘(a)(1) Any person subject to this chapter who en-
gages in conduct that violates any of the provisions of law 
listed in subsection (b) and thereby causes the death of, 
or bodily injury (as defined in section 1365 of title 18) 
to, a child, who is in utero at the time the conduct takes 
place, is guilty of a separate offense under this section 
and shall, upon conviction, be punished by such punish-
ment, other than death, as a court-martial may direct, 
which shall be consistent with the punishments prescribed 
by the President for that conduct had that injury or death 
occurred to the unborn child’s mother. 
‘‘(2) An offense under this section does not require 
proof that—
‘‘(i) the person engaging in the conduct had 
knowledge or should have had knowledge that the 
victim of the underlying offense was pregnant; or 
‘‘(ii) the accused intended to cause the death of, 
or bodily injury to, the unborn child. 
‘‘(3) If the person engaging in the conduct thereby 
intentionally kills or attempts to kill the unborn child, that 
person shall, instead of being punished under paragraph 
(1), be punished as provided under sections 880, 918, and
HR 1997 PCS 
919(a) of this title (articles 80, 118, and 119(a)) for in-
tentionally killing or attempting to kill a human being. 
‘‘(4) Notwithstanding any other provision of law, the 
death penalty shall not be imposed for an offense under 
this section. 
‘‘(b) The provisions referred to in subsection (a) are 
sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, 
and 928 of this title (articles 118, 119(a), 119(b)(2), 
120(a), 122, 124, 126, and 128). 
‘‘(c) Nothing in this section shall be construed to per-
mit the prosecution—
‘‘(1) of any person for conduct relating to an 
abortion for which the consent of the pregnant 
woman, or a person authorized by law to act on her 
behalf, has been obtained or for which such consent 
is implied by law; 
‘‘(2) of any person for any medical treatment of 
the pregnant woman or her unborn child; or 
‘‘(3) of any woman with respect to her unborn 
child. 
‘‘(d) In this section, the term ‘unborn child’ means 
a child in utero, and the term ‘child in utero’ or ‘child, 
who is in utero’ means a member of the species homo sapi-
ens, at any stage of development, who is carried in the 
womb.’’.
HR 1997 PCS 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by insert-
ing after the item relating to section 919 the following 
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 
Uniform Code of Military Justice to protect un-
born children from assault and murder, and for 
other purposes. 
MARCH 11, 2004
Read the second time and placed on the calendar