1997 Regular Session
To: Public Health and Welfare; Judiciary
By: Senator(s) White (29th)
Senate Bill 2130
AN ACT TO DECLARE CERTAIN ACTS AGAINST AN UNBORN CHILD UNLAWFUL; TO PROVIDE PENALTIES FOR UNLAWFUL ACTS AGAINST AN UNBORN CHILD; TO DEFINE UNBORN CHILD; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1)(a) "Unborn child" means an individual organism of the species homo sapiens from fertilization until live birth.
(b) "Person" means a natural person, an unborn child, association, limited liability company, corporation, firm, organization, partnership or society. If the term is used to designate a party whose property may be the subject of a crime or petty offense, it also includes the United States, any other country, this state, and any other state or territory of the United States, and any of their political subdivisions, agencies or corporations.
(2) Homicide is fetal homicide if a person knew, or reasonably should have known, that a woman bearing an unborn child was pregnant and caused the death of the unborn child without lawful justification and if the person:
(a) Intended to cause the death of or do serious bodily injury to the pregnant woman or the unborn child; or
(b) Knew that the acts taken would cause death or serious bodily injury to the pregnant woman or her unborn child; or
(c) When perpetrated without any design to effect death by a person engaged in the commission of any felony.
Fetal homicide is manslaughter.
(3) This section does not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, lawful or unlawful, to which the pregnant woman consented.
(4) Any person who assaults a pregnant woman and inflicts great serious bodily injury on an unborn child who is subsequently born alive is guilty of aggravated assault.
(5) Any person who assaults a pregnant woman and inflicts bodily injury on an unborn child who is subsequently born alive is guilty of simple assault. Bodily injury does not include the inducement of the unborn child's birth when done for bona fide medical purposes.
SECTION 2. This act shall take effect and be in force from and after July 1, 1997.