By using this website you allow us to place cookies on your computer. Please read our Privacy Policy for more details.
Publication Date: May 2004
Publisher: Library of Congress. Congressional Research Service
Author(s):
Research Area: Law and ethics
Type:
Abstract:
The Unborn Victims of Violence Act (P.L. 108-212) establishes a separate offense for harming or killing an "unborn child" in utero during the commission of specified violent crimes. This report examines the act's provisions, and reviews similar state laws that criminalize the killing of a fetus or unborn child. The report also discusses selected cases that have considered the constitutionality of state fetal homicide and unborn child homicide statutes. These cases provide some guidance as to how a reviewing court may consider a future case involving the legitimacy of the act.