An Act To Protect Unborn Children from Acts of Violence
Maine Legislature, Session 122, LD 0262
Committee: Criminal Justice and Public Safety
Sponsors: DUPREY, DAVIS, MARTIN, CARR, CEBRA, CRESSEY, HALL, HAMPER, PARADIS, COURTNEY, SNOWE-MELLO

Legislative Document 
No. 262 
H.P.201 
House of Representatives, January 18,2005 
An Act To Protect Unborn Children from Acts of Violence 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative DUPREY of Hampden. 
Il/~m.~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Senator DAVIS of Piscataquis, Senator MARTIN of Aroostook and 
Representatives: CARR of Lincoln, CEBRA of Naples, CRESSEY of Cornish, HALL of 
Holden, HAMPER of Oxford, PARADIS of Frenchville, Senators: COURTNEY of York, 
SNOWE-MELLO of Androscoggin. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. l7·A MRSA c.lO is enacted to read: 
CHAPTER 10 
OFFENSES AGAINST UNBORN CHILD 
§221. 
Definitions 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
"Abortion" has the same meaning as set forth in Title 
22, section 1598, subsection 2. 
2. 
"Person" 
does 
not 
include the pregnant 
woman 
whose 
unborn child is killed or injured. 
3. 
"Unborn child" means any individual of the human species 
from the state of fetal development when the life of the fetus 
may be continued indefinitely outside the womb 
by natural or 
artificial life-supportive systems until birth. 
§222. 
Murder of unhnrn child 
1. 
A person is guilty of murder of an unborn child if the 
person: 
A. 
Intentionally or 
knowingly 
causes 
the 
death of 
the 
unborn child: or 
B. 
Engages 
in 
conduct 
that 
manifests 
a 
depraved 
indifference to the value of the unborn child's life and 
that in fact causes the death of the unborn child. 
2. 
For purposes of subsection 1, paragraph B, 
when the 
crime of depraved indifference murder is charged, the crime of 
criminally negligent manslaughter is deemed to be charged. 
3. 
The 
sentence 
for 
murder 
of 
an 
unborn child is 
as 
authorized in chapter 51. 
4. 
It is an affirmative defense to a prosecution under 
subsection 1, paragraph A that the person caused the death while 
under the influence of extreme anger or extreme fear brought 
about by adeguate provocation. 
5. 
For purposes of subsection 4, provocation is adeguate if: 
Page l-LR0294(1) 
A. 
It is not induced by the person: and 
B. 
It is 
reasonab~e for 
the 
person 
to 
react 
to 
the 
provocation with extreme anger or extreme fear, 
provided 
that evidence demonstrating only that the person has 
a 
tendency 
towards 
extreme 
anger 
or 
extreme 
fear 
is 
not 
sufficient, 
in 
and 
of 
itself, 
to 
establish 
the 
reasonableness of the person's reaction. 
6. 
This section does not apply to: 
A. 
Acts that cause the death of an unborn child if those 
acts are committed during an abortion, lawful or unlawful, 
to which the pregnant woman consents: or 
B. 
Acts that are committ~ursuant to usual and customary 
standards of medical practice during diagnostic testing or 
therapeutic treatment. 
7. 
Nothing contained in subsection 
may 
constitute 
a 
defense 
to 
a 
prosecution 
for, 
or 
preclude 
conviction 
of, 
manslaughter or any other crime. 
Prosecution of a person under 
this section does not prohibit the prosecution of the person 
under any other law. 
§223. 
Felony murder of nnborn child 
1. 
A person is guilty of felony murder of an unborn child 
if, 
acting alone or with one 
or more other persons in the 
commission of, or an attempt to commit, or immediate flight after 
commi tting or attempting to commit. murder, 
rObbery, burglary, 
kidnapping, arson, gross sexual assault, or escape, the person or 
another participant in fact causes the death of an unborn child 
and the death is a reasonably foreseeable conseguence of such 
commission, attempt or flight. 
2. 
It is an affirmative defense to prosecution under this 
section that the defendant: 
A. 
Did no~ommi_Ltl!!LJlOmicidal act or in any way solicit. 
command, induce, procure or aid the commission thereof: 
B. 
Was not armed with a dangerous weapon, 
that 
under 
the 
circumstances 
indicated 
inflict serious bodily injury; 
or other weapon 
a 
readiness 
to 
C. 
Reasonably believed that no other participant was armed 
with a weapon: and 
D. 
Reasonably believed that no other participant inten,o.ed 
to engage in conduct likely to result in death or serious 
bodily injury. 
3. 
This section does not apply to: 
A. 
Acts that cause the death of an unborn child if those 
.Q.cts are committed during an abortion, lawful or unlawful, 
to which the pregnant woman consents; or 
B. 
Acts that are committed pursuant to usual and customary 
standards of medical practice during diagnostic testing or 
therapeutic treatment. 
4. 
Felony murder of an unborn child is a Class A crime. 
5. 
Prosecution of a person under this section does not 
prohibit the prosecution of the person under any other law. 
§224. 
Manslaughter of unhorn child 
1. 
A person is guilty of manslaughter of an unborn child if 
that person: 
£Aw.~~R~e~c~k~l~e~s~s~l~y~, __ o~r __ ~w~i~t~h~~c~rL~~'m~i~ngl 
negligence, 
causes 
the 
death of an unborn child. 
Violation of this paragraph is a 
Class A crime; 
B. 
Intentionally or knowingly causes the death of an unborn 
child under 
circumstances that do 
not constitute murder 
because 
the 
person 
causes 
the 
death 
while 
under 
the 
influence of extreme anger or extreme fear brought about by 
adeguate provocation. 
Adeguate provocation has 
the 
same 
meaning gS in section 222, subsection 5. 
The fact that the 
person causes the death of an unborn child while under the 
influence of extreme anger or extreme fegr brought about by 
adeguate provocation constitutes a mitigating circumstance 
reducing murder to mgnslaughter and need not be proved in 
any prosecution initiated under this subsection. 
Violation 
of this paragraph is a Class A crime; or 
C. 
Has direct and personal management or control of any 
employment, 
place 
of 
employment 
or 
other 
employee 
and 
intentionally or knowingly violates any occupational safety 
or health standard of this State or the Federal Government 
and that violgtion in fact causes the death qf an employee's 
unborn child and that death is a 
reasonably foreseeable 
conseguence of the violation. 
This paragrgph does not apply 
.t&..i 
(1) 
Any person who performs a public function either 
on a volunteer basis or for minimal compensation for 
services rendered: or 
(2) 
Any public employee responding to or acting at a 
life-threatening situation who is forced to make and 
does make a judgment reasonably calculated to save the 
life of a human being. 
Violation of this paragraph is a Class C crime. 
2. 
This section does not apply to: 
'-'A'-'._-'-'A'-"c'-'t"'s"----'t~hat cause the death of an unborn child if those 
acts are committed during an _abortion, lawful or unlawful, 
to which the pregnant woman consents: or 
B. 
Acts that are commi t1;.gg-flursuant to usual and customary 
standards of medical practice during diagnostic testing or 
therapeutic treatment. 
3. 
Prosecution of a 
person 
u1l,q~r this section does not 
prohibit the prosecution of the person under any other law. 
§225. 
Assault on unborn child 
1. 
A person is guilty of assault on an unborn child if the 
person 
intentionally, 
knowingly 
or 
recklessly 
causes 
bodily 
injury to an unborn child. 
2. 
This section does not apply to: 
A. 
Acts that 
ca~se bodily injury to an unborn child if 
those acts 
are 
committed during 
an 
abortion, 
lawful 
or 
unlawful, to which the pregnant woman consents; or 
B. 
Acts that are commit~~~~~~ant to usual and customary 
standards of medical practice during diagnostic testing or 
therapeutic treatment~ 
3. 
Assault on an unborn child is a Class D crime. 
4. 
Prosecution of 
a 
person under this section does not 
prohibit the prosecution of the person under any other law. 
§226. 
Aggravated assault on unborn child 
1. 
A person is guilty of _o,qgravated assault on an unborn 
child if the person, in committing assault on an unborn child, 
intentionally or knowingly causes: 
A. 
Serious bodily injury to the unborn child; 
B. 
Bodily 
injury 
to 
the 
unborn 
child with 
use 
of 
a 
dangerous weapon; or 
C. 
Bodily injury to the unborn child under 
circumstanC_t;L~ 
manifesting 
extreme 
indifference 
to 
the 
value 
of 
human 
life. 
Such circUJTIstances include, but are not limited to, 
the number, 
location or nature of the injuries and the 
manner or method inflicted. 
This section does not apply to: 
A. 
Acts that cause bodily injury to an unborn child if 
those acts 
are 
committed during 
an 
abortion, 
lawful 
or 
unlawful, to which the pregnant woman consents; or 
B. 
Acts that are committed pursuant to usual and customary 
standards of medical practice during diagnostic testing or 
therapeutic treatment. 
Aggravated assault on an unborn child is a Class B crime. 
Prosecution of a 
person under this section does not 
prohibit the prosecution of the person under any other law. 
§2270 
Elevated aggravated assault on unborn child 
A person is guilty of elevated aggravated assault on an 
unborn child if that person: 
A. 
Intentionally or knowingly causes serious bodily injury 
to an unborn child with the use of a dangerous weapon; 
B. 
Engages 
in 
conduct 
that 
manifests 
a 
depraved 
indifference to the value of human life and that in fact 
causes serious bodily injury to an unborn child with the use 
of a dangerous weapon; or 
C. 
With terroristic intent engages in conduct that in fact 
causes serious bodily injury to an unborn child. 
This section does not apply to: 
A. 
Acts that cause bodily injury to an unborn child if 
those 
acts 
are 
committed during 
an abortion, 
lawful 
or 
unlawful, to which the pregnant woman consents; or 
B. 
Acts that are commi t_t_ed pursuant to usual and customary 
standards of medical practice during diagnostic testing or 
therapeutic treatment. 
~_. 
Elevated aggravated assault on an unborn child is a 
Class A crime. 
4. 
Prosecution of 
a 
person under this section does not 
prohibit the prosecution of the person under any other law. 
SUMMARY 
This bill creates the new crimes of murder, felony murder, 
assault, 
aggravated 
assault 
and 
elevated 
aggravated 
assault 
against 
an 
unborn 
child. 
Punishment 
for 
these 
crimes 
is 
consistent with penalties for the same offenses committed against 
persons as defined in the Maine Revised Statutes, Title l7-A, 
chapter 9. 
These crimes against unborn children do not apply to an 
abortion to which the pregnant woman has consented, nor do they 
apply to acts committed pursuant to usual and customary standards 
of medical practice during diagnostic or therapeutic treatment. 
These crimes do not apply to the pregnant woman. 
For purposes of this bill, an unborn child is defined as an 
individual 
of 
the 
human 
species 
from 
the 
state 
of 
fetal 
development 
when 
the 
life 
of 
the 
fetus 
may 
be 
continued 
indefinitely 
outside 
the 
womb 
by 
natural 
or 
artificial 
life-supportive systems until birth.