IIB
106TH CONGRESS
1ST SESSION
H. R. 2436
IN THE SENATE OF THE UNITED STATES
OCTOBER 1, 1999
Received; read twice and referred to the Committee on the Judiciary
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 1999’’.
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.
‘‘(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).
‘‘(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-
serting after section 919 (article 119) the following new
section:
‘‘§ 919a. Art. 119a. Protection of unborn children
‘‘(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.
‘‘(2)(A) Except as otherwise provided in this para-
graph, the punishment for that separate offense is the
same as the punishment provided under this chapter 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 accused intended to cause the death of,
or bodily injury to, the unborn child.
‘‘(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 880,
918, and 919(a) of this title (articles 80, 118, and 119(a))
for intentionally killing or attempting 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
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.’’.
(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. Protection of unborn children.’’.
Passed the House of Representatives September 30,
1999.
Attest:
JEFF TRANDAHL,
Clerk.