CSSB 20(2d JUD): "An Act relating to offenses against unborn children."
00 CS FOR SENATE BILL NO. 20(2d JUD) 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; for purposes of this paragraph, a pregnant woman's decision to remain in a 08 relationship in which domestic violence as defined in AS 18.66.990 has occurred does 09 not, by itself, constitute conduct manifesting an extreme indifference to the value of 10 human life. 11 (b) A person may not be convicted under (a)(3) of this section if the only 12 underlying crime is burglary, the sole purpose of the burglary is a criminal homicide, 13 and the unborn child killed is the intended victim of the defendant. However, if the 14 defendant causes the death of another unborn child, the defendant may be convicted 15 under (a)(3) of this section. Nothing in this subsection precludes a prosecution for or 16 conviction of murder in the first degree or murder in the second degree, murder of an 17 unborn child under AS 11.41.150(a)(1), (2), or (4), or any other crime. 18 (c) Murder of an unborn child is an unclassified felony. 19 Sec. 11.41.160. Manslaughter of an unborn child. (a) A person commits 20 the crime of manslaughter of an unborn child if, under circumstances not amounting to 21 murder of an unborn child, the person 22 (1) intentionally or knowingly causes the death of an unborn child; or 23 (2) recklessly causes the death of an unborn child by means of a 24 dangerous instrument. 25 (b) Manslaughter of an unborn child is a class A felony. 26 Sec. 11.41.170. Criminally negligent homicide of an unborn child. (a) A 27 person commits the crime of criminally negligent homicide of an unborn child if, with 28 criminal negligence, the person causes the death of an unborn child by means of a 29 dangerous instrument. 30 (b) Criminally negligent homicide of an unborn child is a class B felony. 31 Sec. 11.41.180. Applicability of AS 11.41.150 - 11.41.170. AS 11.41.150 -
01 11.41.170 do not apply to acts that 02 (1) cause the death of an unborn child if those acts were committed 03 during a legal abortion to which the pregnant woman consented or a person authorized 04 by law to act on her behalf consented, or for which such consent is implied by law; or 05 (2) are committed under usual and customary standards of medical 06 practice during diagnostic testing, therapeutic treatment, or to assist a pregnancy. 07 * Sec. 2. AS 11.41 is amended by adding new sections to article 2 to read: 08 Sec. 11.41.280. Assault of an unborn child in the first degree. (a) A 09 person commits the crime of assault of an unborn child in the first degree if 10 (1) that person recklessly causes serious physical injury to an unborn 11 child by means of a dangerous instrument; 12 (2) with intent to cause serious physical injury to an unborn child or to 13 another person, that person causes serious physical injury to an unborn child; 14 (3) that person knowingly engages in conduct that results in serious 15 physical injury to an unborn child under circumstances manifesting extreme 16 indifference to the value of human life; for purposes of this paragraph, a pregnant 17 woman's decision to remain in a relationship in which domestic violence as defined in 18 AS 18.66.990 has occurred does not, by itself, constitute conduct manifesting extreme 19 indifference to the value of human life; or 20 (4) that person recklessly causes serious physical injury to an unborn 21 child by repeated assaults using a dangerous instrument, even if each assault 22 individually does not cause serious physical injury. 23 (b) In a prosecution under this section, except for a multiple birth, the birth of 24 a child before 37 weeks gestation with weight at birth of 2,500 grams or less is prima 25 facie evidence of serious physical injury. 26 (c) Assault of an unborn child in the first degree is a class A felony. 27 Sec. 11.41.282. Assault of an unborn child in the second degree. (a) A 28 person commits the crime of assault of an unborn child in the second degree if 29 (1) with intent to cause physical injury to an unborn child or to another 30 person, that person causes serious physical injury to an unborn child; or 31 (2) that person recklessly causes serious physical injury to an unborn
01 child by repeated assaults, even if each assault individually does not cause serious 02 physical injury. 03 (b) In a prosecution under this section, except for a multiple birth, the birth of 04 a child before 37 weeks gestation with weight at birth of 2,500 grams or less is prima 05 facie evidence of serious physical injury. 06 (c) Assault of an unborn child in the second degree is a class B felony. 07 Sec. 11.41.289. Applicability of AS 11.41.280 and 11.41.282. AS 11.41.280 08 and 11.41.282 do not apply to acts that 09 (1) cause serious physical injury or physical injury to an unborn child 10 if those acts were committed during a legal abortion to which the pregnant woman 11 consented or a person authorized by law to act on her behalf consented, or for which 12 consent is implied by law; or 13 (2) are committed under usual and customary standards of medical 14 practice during diagnostic testing, therapeutic treatment, or to assist a pregnancy. 15 * Sec. 3. AS 11.81.250(a) is amended to read: 16 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 17 title, except murder in the first and second degree, attempted murder in the first 18 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 19 in the first degree, murder of an unborn child, sexual assault in the first degree, 20 sexual abuse of a minor in the first degree, misconduct involving a controlled 21 substance in the first degree, and kidnapping, are classified on the basis of their 22 seriousness, according to the type of injury characteristically caused or risked by 23 commission of the offense and the culpability of the offender. Except for murder in 24 the first and second degree, attempted murder in the first degree, solicitation to 25 commit murder in the first degree, conspiracy to commit murder in the first degree, 26 murder of an unborn child, sexual assault in the first degree, sexual abuse of a minor 27 in the first degree, misconduct involving a controlled substance in the first degree, and 28 kidnapping, the offenses in this title are classified into the following categories: 29 (1) class A felonies, which characteristically involve conduct resulting 30 in serious physical injury or a substantial risk of serious physical injury to a person; 31 (2) class B felonies, which characteristically involve conduct resulting
01 in less severe violence against a person than class A felonies, aggravated offenses 02 against property interests, or aggravated offenses against public administration or 03 order; 04 (3) class C felonies, which characteristically involve conduct serious 05 enough to deserve felony classification but not serious enough to be classified as A or 06 B felonies; 07 (4) class A misdemeanors, which characteristically involve less severe 08 violence against a person, less serious offenses against property interests, less serious 09 offenses against public administration or order, or less serious offenses against public 10 health and decency than felonies; 11 (5) class B misdemeanors, which characteristically involve a minor 12 risk of physical injury to a person, minor offenses against property interests, minor 13 offenses against public administration or order, or minor offenses against public health 14 and decency; 15 (6) violations, which characteristically involve conduct inappropriate 16 to an orderly society but which do not denote criminality in their commission. 17 * Sec. 4. AS 11.81.250(b) is amended to read: 18 (b) The classification of each felony defined in this title, except murder in the 19 first and second degree, attempted murder in the first degree, solicitation to commit 20 murder in the first degree, conspiracy to commit murder in the first degree, murder of 21 an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first 22 degree, misconduct involving a controlled substance in the first degree, and 23 kidnapping, is designated in the section defining it. A felony under Alaska law 24 defined outside this title for which no penalty is specifically provided is a class C 25 felony. 26 * Sec. 5. AS 11.81.900(b) is amended by adding a new paragraph to read: 27 (64) "unborn child" means a member of the species Homo sapiens, at 28 any stage of development, who is carried in the womb. 29 * Sec. 6. AS 12.55.035(b) is amended to read: 30 (b) Except as provided in AS 12.55.036, upon conviction of an offense, a 31 defendant who is not an organization may be sentenced to pay, unless otherwise
01 specified in the provision of law defining the offense, a fine of no more than 02 (1) $500,000 for murder in the first or second degree, attempted 03 murder in the first degree, murder of an unborn child, sexual assault in the first 04 degree, sexual abuse of a minor in the first degree, kidnapping, or misconduct 05 involving a controlled substance in the first degree; 06 (2) $250,000 for a class A felony; 07 (3) $100,000 for a class B felony; 08 (4) $50,000 for a class C felony; 09 (5) $10,000 for a class A misdemeanor; 10 (6) $2,000 for a class B misdemeanor; 11 (7) $500 for a violation. 12 * Sec. 7. AS 12.55.125(a) is amended to read: 13 (a) A defendant convicted of murder in the first degree or murder of an 14 unborn child under AS 11.41.150(a)(1) shall be sentenced to a definite term of 15 imprisonment of at least 20 years but not more than 99 years. A defendant convicted 16 of murder in the first degree shall be sentenced to a mandatory term of imprisonment 17 of 99 years when 18 (1) the defendant is convicted of the murder of a uniformed or 19 otherwise clearly identified peace officer, fire fighter, or correctional employee who 20 was engaged in the performance of official duties at the time of the murder; 21 (2) the defendant has been previously convicted of 22 (A) murder in the first degree under AS 11.41.100 or former 23 AS 11.15.010 or 11.15.020; 24 (B) murder in the second degree under AS 11.41.110 or former 25 AS 11.15.030; or 26 (C) homicide under the laws of another jurisdiction when the 27 offense of which the defendant was convicted contains elements similar to first 28 degree murder under AS 11.41.100 or second degree murder under 29 AS 11.41.110; 30 (3) the court finds by clear and convincing evidence that the defendant 31 subjected the murder victim to substantial physical torture; or
01 (4) the defendant is convicted of the murder of and personally caused 02 the death of a person, other than a participant, during a robbery. 03 * Sec. 8. AS 12.55.125(b) is amended to read: 04 (b) A defendant convicted of attempted murder in the first degree, solicitation 05 to commit murder in the first degree, conspiracy to commit murder in the first degree, 06 kidnapping, or misconduct involving a controlled substance in the first degree shall be 07 sentenced to a definite term of imprisonment of at least five years but not more than 08 99 years. A defendant convicted of murder in the second degree or murder of an 09 unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of 10 imprisonment of at least 10 years but not more than 99 years. A defendant convicted 11 of murder in the second degree shall be sentenced to a definite term of imprisonment 12 of at least 20 years but not more than 99 years when the defendant is convicted of the 13 murder of a child under 16 years of age and the court finds by clear and convincing 14 evidence that the defendant (1) was a natural parent, a stepparent, an adopted parent, a 15 legal guardian, or a person occupying a position of authority in relation to the child; or 16 (2) caused the death of the child by committing a crime against a person under 17 AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and "position of 18 authority" have the meanings given in AS 11.41.470.