(1)Any person subject to this chapter who 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 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 and shall, upon conviction, be punished by such punishment, other than death, as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for that conduct had that injury or death occurred to the unborn child’s mother.
(2)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 accused intended to cause the death of, or bodily injury to, the unborn child.
(3)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 paragraph (1), be punished as provided under sections
919(a) of this title (articles 80, 118, and 119(a)) for intentionally killing or attempting to kill a human being.
(4)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 sections
928 of this title (articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128).
(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)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.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.