SB 20: "An Act relating to offenses against unborn children."
00 SENATE BILL NO. 20 01 "An Act relating to offenses against unborn children." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.41 is amended by adding new sections to article 1 to read: 04 Sec. 11.41.150. Murder of an unborn child. (a) A person commits the 05 crime of murder of an unborn child if the person 06 (1) with intent to cause the death of an unborn child or of another 07 person, causes the death of an unborn child; 08 (2) with intent to cause serious physical injury to an unborn child or to 09 another person or knowing that the conduct is substantially certain to cause death or 10 serious physical injury to an unborn child or to another person, causes the death of an 11 unborn child; 12 (3) while acting alone or with one or more persons, commits or 13 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 14 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 15 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the
01 first or second degree, robbery in any degree, or misconduct involving a controlled 02 substance under AS 11.71.010(a), 11.71.020(a), 11.71.030(a)(1) or (2), or 03 11.71.040(a)(1) or (2), and, in the course of or in furtherance of that crime or in 04 immediate flight from that crime, any person causes the death of an unborn child; 05 (4) knowingly engages in conduct that results in the death of an unborn 06 child under circumstances manifesting an extreme indifference to the value of human 07 life. 08 (b) A person may not be convicted under (a)(3) of this section if the only 09 underlying crime is burglary, the sole purpose of the burglary is a criminal homicide, 10 and the unborn child killed is the intended victim of the defendant. However, if the 11 defendant causes the death of another unborn child, the defendant may be convicted 12 under (a)(3) of this section. Nothing in this subsection precludes a prosecution for or 13 conviction of murder in the first degree or murder in the second degree under 14 AS 11.41.110(a)(1) or (2) or of any other crime, including manslaughter or burglary. 15 (c) Murder of an unborn child is an unclassified felony. 16 Sec. 11.41.160. Manslaughter of an unborn child. (a) A person commits 17 the crime of manslaughter of an unborn child if the person intentionally, knowingly, or 18 recklessly causes the death of an unborn child under circumstances not amounting to 19 murder of an unborn child. 20 (b) Manslaughter of an unborn child is a class A felony. 21 Sec. 11.41.170. Criminally negligent homicide of an unborn child. (a) A 22 person commits the crime of criminally negligent homicide of an unborn child if, with 23 criminal negligence, the person causes the death of an unborn child. 24 (b) Criminally negligent homicide of an unborn child is a class B felony. 25 Sec. 11.41.180. Applicability of AS 11.41.150 - 11.41.170. AS 11.41.150 - 26 11.41.170 do not apply to acts that 27 (1) cause the death of an unborn child if those acts were committed 28 during a legal abortion to which the pregnant woman consented; 29 (2) are committed under usual and customary standards of medical 30 practice during diagnostic testing, therapeutic treatment, or to assist a pregnancy; or 31 (3) are committed by a pregnant woman against herself and her own
01 unborn child. 02 * Sec. 2. AS 11.41 is amended by adding new sections to article 2 to read: 03 Sec. 11.41.280. Assault of an unborn child in the first degree. (a) A 04 person commits the crime of assault of an unborn child in the first degree if the person 05 knowingly causes serious physical injury to an unborn child and that child is 06 subsequently born alive. 07 (b) In this section, "serious physical injury" has the meaning given in 08 AS 11.81.900 and includes the birth of an unborn child before 37 weeks gestation if 09 the child weighs 2,500 grams or less at the time of birth. 10 (c) Assault of an unborn child in the first degree is a class C felony. 11 Sec. 11.41.284. Assault of an unborn child in the second degree. (a) A 12 person commits the crime of assault of an unborn child in the second degree if the 13 person 14 (1) by words or other conduct intentionally places a pregnant woman 15 in fear of death of her unborn child; or 16 (2) intentionally causes physical injury to an unborn child and that 17 child is subsequently born alive. 18 (b) Assault of an unborn child in the second degree is a class A misdemeanor. 19 Sec. 11.41.287. Applicability of AS 11.41.280 and 11.41.284. AS 11.41.280 20 and 11.41.284 do not apply to acts that 21 (1) cause serious physical injury or physical injury to an unborn child 22 if those acts were committed during a legal abortion to which a pregnant woman 23 consented; 24 (2) are committed under usual and customary standards of medical 25 practice during diagnostic testing, therapeutic treatment, or to assist a pregnancy; or 26 (3) are committed by a pregnant woman against herself or her own 27 unborn child. 28 * Sec. 3. AS 11.81.250(a) is amended to read: 29 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 30 title, except murder in the first and second degree, attempted murder in the first 31 degree, solicitation to commit murder in the first degree, conspiracy to commit murder
01 in the first degree, murder of an unborn child, sexual assault in the first degree, 02 sexual abuse of a minor in the first degree, misconduct involving a controlled 03 substance in the first degree, and kidnapping, are classified on the basis of their 04 seriousness, according to the type of injury characteristically caused or risked by 05 commission of the offense and the culpability of the offender. Except for murder in 06 the first and second degree, attempted murder in the first degree, solicitation to 07 commit murder in the first degree, conspiracy to commit murder in the first degree, 08 murder of an unborn child, sexual assault in the first degree, sexual abuse of a minor 09 in the first degree, misconduct involving a controlled substance in the first degree, and 10 kidnapping, the offenses in this title are classified into the following categories: 11 (1) class A felonies, which characteristically involve conduct resulting 12 in serious physical injury or a substantial risk of serious physical injury to a person; 13 (2) class B felonies, which characteristically involve conduct resulting 14 in less severe violence against a person than class A felonies, aggravated offenses 15 against property interests, or aggravated offenses against public administration or 16 order; 17 (3) class C felonies, which characteristically involve conduct serious 18 enough to deserve felony classification but not serious enough to be classified as A or 19 B felonies; 20 (4) class A misdemeanors, which characteristically involve less severe 21 violence against a person, less serious offenses against property interests, less serious 22 offenses against public administration or order, or less serious offenses against public 23 health and decency than felonies; 24 (5) class B misdemeanors, which characteristically involve a minor 25 risk of physical injury to a person, minor offenses against property interests, minor 26 offenses against public administration or order, or minor offenses against public health 27 and decency; 28 (6) violations, which characteristically involve conduct inappropriate 29 to an orderly society but which do not denote criminality in their commission. 30 * Sec. 4. AS 11.81.250(b) is amended to read: 31 (b) The classification of each felony defined in this title, except murder in the
01 first and second degree, attempted murder in the first degree, solicitation to commit 02 murder in the first degree, conspiracy to commit murder in the first degree, murder of 03 an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first 04 degree, misconduct involving a controlled substance in the first degree, and 05 kidnapping, is designated in the section defining it. A felony under Alaska law 06 defined outside this title for which no penalty is specifically provided is a class C 07 felony. 08 * Sec. 5. AS 11.81.900(b) is amended by adding a new paragraph to read: 09 (64) "unborn child" means a member of the species Homo sapiens, at 10 any stage of development, who is carried in the womb. 11 * Sec. 6. AS 12.55.125(b) is amended to read: 12 (b) A defendant convicted of attempted murder in the first degree, solicitation 13 to commit murder in the first degree, conspiracy to commit murder in the first degree, 14 kidnapping, or misconduct involving a controlled substance in the first degree shall be 15 sentenced to a definite term of imprisonment of at least five years but not more than 16 99 years. A defendant convicted of murder in the second degree or murder of an 17 unborn child shall be sentenced to a definite term of imprisonment of at least 10 years 18 but not more than 99 years. A defendant convicted of murder in the second degree 19 shall be sentenced to a definite term of imprisonment of at least 20 years but not more 20 than 99 years when the defendant is convicted of the murder of a child under 16 years 21 of age and the court finds by clear and convincing evidence that the defendant (1) was 22 a natural parent, a stepparent, an adopted parent, a legal guardian, or a person 23 occupying a position of authority in relation to the child; or (2) caused the death of the 24 child by committing a crime against a person under AS 11.41.200 - 11.41.530. In this 25 subsection, "legal guardian" and "position of authority" have the meanings given in 26 AS 11.41.470.