18 USC Sec. 1841                                            01/05/2009




    Sec. 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
        (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.
      (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 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.


    (Added Pub. L. 108-212, Sec. 2(a), Apr. 1, 2004, 118 Stat. 568.)


      Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283),
    referred to in subsec. (b)(3), probably means section 235 of the
    Atomic Energy Act of 1954, act Aug. 1, 1946, ch. 724, title I, as
    added by Pub. L. 96-295, title II, Sec. 202(a), June 30, 1980, 94
    Stat. 786, which is classified to section 2283 of Title 42, The
    Public Health and Welfare. Section 202 of the Atomic Energy Act of
    1954, which related to the authority of the Joint Committee on
    Atomic Energy, was classified to section 2252 of Title 42 and was
    repealed by act of Aug. 1, 1946, ch. 724, title I, Sec. 302(a), as
    added Aug. 30, 1954, ch. 1073, Sec. 1, as added Sept. 20, 1977,
    Pub. L. 95-110, Sec. 1, 91 Stat. 884; renumbered title I, Oct. 24,
    1992, Pub. L. 102-486, title IX, Sec. 902(a)(8), 106 Stat. 2944.


                       SHORT TITLE OF 2004 AMENDMENT
      Pub. L. 108-212, Sec. 1, Apr. 1, 2004, 118 Stat. 568, provided
    that: "This Act [enacting this chapter and section 919a of Title
    10, Armed Forces] may be cited as the 'Unborn Victims of Violence
    Act of 2004' or 'Laci and Conner's Law'."
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