H. R. 1997
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
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 Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Unborn Victims of Violence
Act of 2004’’ or ‘‘Laci and Conner’s Law’’.
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 section.
‘‘(2)(A) Except as otherwise provided in this paragraph, 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 unborn 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 subparagraph (A), be punished as provided
under sections 1111, 1112, and 1113 of this title 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 the fol-
lowing:
‘‘(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),
H. R. 1997—2
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 Substances 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 permit the
prosecution—
‘‘(1) of any person for conduct relating to an abortion for
which the consent of the pregnant woman, or a person author-
ized 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 following new item:
‘‘90A. Protection of unborn children .............................................................. 1841’’.
SEC. 3. MILITARY JUSTICE SYSTEM.
(a) PROTECTION
OF
UNBORN
CHILDREN.—Subchapter X of
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice), is amended by inserting 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 engages in con-
duct 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 919(a) of this title (articles 80, 118,
and 119(a)) for intentionally killing or attempting to kill a human
being.
H. R. 1997—3
‘‘(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 permit the
prosecution—
‘‘(1) of any person for conduct relating to an abortion for
which the consent of the pregnant woman, or a person author-
ized 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 sapiens, at any stage of
development, who is carried in the womb.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by inserting after the item
relating to section 919 the following new item:
‘‘919a. 119a. Death or injury of an unborn child.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.