IB 
108TH CONGRESS 
2ND SESSION H. R. 1997
[Report No. 108–420, Part I] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 7, 2003
Ms. HART (for herself, Mr. CHABOT, Mr. NEY, Mr. FORBES, Mr. ADERHOLT, 
Mr. AKIN, Mr. BACHUS, Mr. BAKER, Mr. BARTLETT of Maryland, Mr. 
BLUNT, Mr. BRADY of Texas, Mr. BURGESS, Mr. BURR, Mr. BURTON 
of Indiana, Mr. BUYER, Mr. CAMP, Mr. CANTOR, Mr. CARTER, Mr. 
COLE, Mr. COSTELLO, Mr. CRANE, Mrs. JO ANN DAVIS of Virginia, Mr. 
DEMINT, Mr. DOOLITTLE, Mrs. EMERSON, Mr. ENGLISH, Mr. EVERETT, 
Mr. FOSSELLA, Mr. FRANKS of Arizona, Mr. FERGUSON, Mr. GARRETT 
of New Jersey, Mr. GOODE, Mr. GOODLATTE, Mr. GREEN of Wisconsin, 
Mr. GUTKNECHT, Mr. HASTINGS of Washington, Mr. HAYES, Mr. 
HAYWORTH, Mr. HEFLEY, Mr. HOEKSTRA, Mr. HOSTETTLER, Mr. 
HULSHOF, Mr. HYDE, Mr. ISTOOK, Mr. JANKLOW, Mr. JOHN, Mr. 
JONES of North Carolina, Mr. KELLER, Mr. KENNEDY of Minnesota, Mr. 
KING of New York, Mr. KING of Iowa, Mr. KINGSTON, Mr. KLINE, Mr. 
LAHOOD, Mr. MANZULLO, Mr. MCCOTTER, Mr. MILLER of Florida, Mrs. 
MYRICK, Mr. NORWOOD, Mr. OBERSTAR, Mr. OTTER, Mr. OXLEY, Mr. 
PETERSON of Pennsylvania, Mr. PENCE, Mr. PICKERING, Mr. PITTS, Mr. 
RENZI, Mr. REYNOLDS, Ms. ROS-LEHTINEN, Mr. RYAN of Wisconsin, 
Mr. RYUN of Kansas, Mr. SHIMKUS, Mr. SMITH of New Jersey, Mr. 
SOUDER, Mr. STEARNS, Mr. STENHOLM, Mr. SULLIVAN, Mr. TERRY, Mr. 
TIAHRT, Mr. VITTER, Mr. WELDON of Florida, Mr. WELLER, Mr. WICK-
ER, Mr. WILSON of South Carolina, Mr. WOLF, Mrs. CUBIN, Mr. LUCAS 
of Kentucky, Mr. TOOMEY, Mr. CUNNINGHAM, Ms. HARRIS, Mr. LIN-
COLN DIAZ-BALART of Florida, Mr. DELAY, Mr. ROGERS of Alabama, 
Mr. TURNER of Ohio, Mr. FEENEY, Mrs. BLACKBURN, Mr. BEAUPREZ, 
and Mr. GINGREY) introduced the following bill; which was referred to 
the Committee on the Judiciary, and in addition to the Committee on 
Armed Services, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned
FEBRUARY 11, 2004
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
FEBRUARY 11, 2004
Additional sponsors: Mr. CANNON, Mr. LEWIS of Kentucky, Mr. SIMPSON, Mr. 
HUNTER, Mr. TANCREDO, Mr. BARRETT of South Carolina, Mr. GARY 
G. MILLER of California, Mr. NUNES, Mrs. NORTHUP, Mr. MURPHY, Mr. 
WAMP, Mr. CHOCOLA, Mr. BISHOP of Utah, Mr. ALEXANDER, Mr. 
BOOZMAN, Mr. SESSIONS, Mr. KNOLLENBERG, Mr. PUTNAM, Mr. DAVIS 
of Tennessee, Mr. REHBERG, Mr. PETRI, Mr. PETERSON of Minnesota, 
Mr. ISAKSON, Mr. COLLINS, Mr. EHLERS, Mr. MCINTYRE, Mr. SCHROCK, 
Ms. GINNY BROWN-WAITE of Florida, Mr. PLATTS, Mr. ISSA, Mr. 
BURNS, Mr. RAHALL, Mr. LUCAS of Oklahoma, Mr. ROGERS of Michigan, 
Mr. BARTON of Texas, Mrs. MILLER of Michigan, Mr. SHUSTER, Mr. 
HALL, and Mr. BALLENGER 
FEBRUARY 11, 2004
Referral to the Committee on Armed Services extended for a period ending 
not later than February 11, 2004; Committee on Armed Services dis-
charged; committed to the Committee of the Whole House on the State 
of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on May 7, 2003] 
A BILL 
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’’. 
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 para-
graph, the punishment for that separate offense is the same 
as the punishment provided under Federal law for that con-
duct 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 vic-
tim 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 in-
tentionally 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 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 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 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 insert-
ing 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 sec-
tion 919 (article 119) the following new section: 
‘‘§ 919a. Art. 119a. Protection of unborn children 
‘‘(a)(1) Any person subject to this chapter who 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 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 con-
duct 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 vic-
tim 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 in-
tentionally kills or attempts to kill the unborn child, that 
person shall, instead of being punished under subparagraph 
(A), be punished as provided under sections 880, 918, and 
919(a) of this title (articles 80, 118, and 119(a)) for inten-
tionally 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