I
106TH CONGRESS
1ST SESSION
H. R. 2436
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
JULY 1, 1999
Mr. GRAHAM (for himself, Mr. SMITH of New Jersey, and Mr. CANADY of
Florida) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Armed
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
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 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) 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, except that the death penalty shall
not be imposed.
‘‘(b) The provisions referred to in subsection (a) are
the following:
‘‘(1) Sections 36, 37, 43, 111, 112, 113, 114,
115, 229A(a)(2), 242, 245, 247, 248, 351, 831,
844(d), (f), and (i), 924(j), 930, 1111, 1112, 1114,
1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a),
1203(a), 1365(a), 1501, 1503, 1505, 1512, 1513,
1751, 
1864, 
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).
‘‘(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 has been obtained or for which such consent
is implied by law in a medical emergency;
‘‘(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.’’.
(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) The punishment for that separate offense is the
same as the punishment provided for that conduct under
this chapter had the injury or death occurred to the un-
born child’s mother, except that the death penalty shall
not be imposed.
‘‘(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) Subsection (a) does not permit prosecution—
‘‘(1) for conduct relating to an abortion for
which the consent of the pregnant woman has been
obtained or for which such consent is implied by law
in a medical emergency;
‘‘(2) for conduct relating to any medical treat-
ment 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.’’.
(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.’’.
Æ