Enrolled SB 20: Relating to offenses against unborn children.
00Enrolled SB 20 01 Relating to offenses against unborn children. 02 _______________ 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 LEGISLATIVE INTENT. It is the intent of the legislature that nothing in this Act is 06 intended to limit or alter a woman's right to choose the outcome of her pregnancy, as 07 guaranteed by the United States Supreme Court. 08 * Sec. 2. AS 11.41 is amended by adding new sections to article 1 to read: 09 Sec. 11.41.150. Murder of an unborn child. (a) A person commits the crime 10 of murder of an unborn child if the person 11 (1) with intent to cause the death of an unborn child or of another 12 person, causes the death of an unborn child; 13 (2) with intent to cause serious physical injury to an unborn child or to 14 another person or knowing that the conduct is substantially certain to cause death or 15 serious physical injury to an unborn child or to another person, causes the death of an
01 unborn child; 02 (3) while acting alone or with one or more persons, commits or 03 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 04 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 05 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 06 first or second degree, robbery in any degree, or misconduct involving a controlled 07 substance under AS 11.71.010(a), 11.71.020(a), 11.71.030(a)(1) or (2), or 08 11.71.040(a)(1) or (2), and, in the course of or in furtherance of that crime or in 09 immediate flight from that crime, any person causes the death of an unborn child; 10 (4) knowingly engages in conduct that results in the death of an unborn 11 child under circumstances manifesting an extreme indifference to the value of human 12 life; for purposes of this paragraph, a pregnant woman's decision to remain in a 13 relationship in which domestic violence, as defined in AS 18.66.990, has occurred 14 does not constitute conduct manifesting an extreme indifference to the value of human 15 life. 16 (b) A person may not be convicted under (a)(3) of this section if the only 17 underlying crime is burglary, the sole purpose of the burglary is a criminal homicide, 18 and the unborn child killed is the intended victim of the defendant. However, if the 19 defendant causes the death of another unborn child, the defendant may be convicted 20 under (a)(3) of this section. Nothing in this subsection precludes a prosecution for or 21 conviction of murder in the first degree or murder in the second degree, murder of an 22 unborn child under AS 11.41.150(a)(1), (2), or (4), or any other crime. 23 (c) Murder of an unborn child is an unclassified felony. 24 Sec. 11.41.160. Manslaughter of an unborn child. (a) A person commits the 25 crime of manslaughter of an unborn child if, under circumstances not amounting to 26 murder of an unborn child, the person intentionally, knowingly, or recklessly causes 27 the death of an unborn child. 28 (b) Manslaughter of an unborn child is a class A felony. 29 Sec. 11.41.170. Criminally negligent homicide of an unborn child. (a) A 30 person commits the crime of criminally negligent homicide of an unborn child if, with 31 criminal negligence, the person causes the death of an unborn child.
01 (b) Criminally negligent homicide of an unborn child is a class B felony. 02 Sec. 11.41.180. Applicability of AS 11.41.150 - 11.41.170. AS 11.41.150 - 03 11.41.170 do not apply to acts that 04 (1) cause the death of an unborn child if those acts were committed 05 during a legal abortion to which the pregnant woman consented or a person authorized 06 by law to act on her behalf consented, or for which such consent is implied by law; 07 (2) are committed under usual and customary standards of medical 08 practice during diagnostic testing, therapeutic treatment, or to assist a pregnancy; or 09 (3) are committed by a pregnant woman against herself and her own 10 unborn child. 11 * Sec. 3. AS 11.41 is amended by adding new sections to article 2 to read: 12 Sec. 11.41.280. Assault of an unborn child in the first degree. (a) A person 13 commits the crime of assault of an unborn child in the first degree if 14 (1) that person recklessly causes serious physical injury to an unborn 15 child by means of a dangerous instrument; 16 (2) with intent to cause serious physical injury to an unborn child or to 17 another person, that person causes serious physical injury to an unborn child; 18 (3) that person knowingly engages in conduct that results in serious 19 physical injury to an unborn child under circumstances manifesting extreme 20 indifference to the value of human life; for purposes of this paragraph, a pregnant 21 woman's decision to remain in a relationship in which domestic violence, as defined in 22 AS 18.66.990, has occurred does not constitute conduct manifesting an extreme 23 indifference to the value of human life; or 24 (4) that person recklessly causes serious physical injury to an unborn 25 child by repeated assaults using a dangerous instrument, even if each assault 26 individually does not cause serious physical injury. 27 (b) Assault of an unborn child in the first degree is a class A felony. 28 Sec. 11.41.282. Assault of an unborn child in the second degree. (a) A 29 person commits the crime of assault of an unborn child in the second degree if 30 (1) with intent to cause physical injury to an unborn child or to another 31 person, that person causes serious physical injury to an unborn child;
01 (2) that person recklessly causes serious physical injury to an unborn 02 child; or 03 (3) that person recklessly causes serious physical injury to an unborn 04 child by repeated assaults, even if each assault individually does not cause serious 05 physical injury. 06 (b) 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; 13 (2) are committed under usual and customary standards of medical 14 practice during diagnostic testing, therapeutic treatment, or to assist a pregnancy; or 15 (3) are committed by a pregnant woman against herself and her own 16 unborn child. 17 * Sec. 4. AS 11.81.250(a) is amended to read: 18 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 19 title, except murder in the first and second degree, attempted murder in the first 20 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 21 in the first degree, murder of an unborn child, sexual assault in the first degree, 22 sexual abuse of a minor in the first degree, misconduct involving a controlled 23 substance in the first degree, and kidnapping, are classified on the basis of their 24 seriousness, according to the type of injury characteristically caused or risked by 25 commission of the offense and the culpability of the offender. Except for murder in the 26 first and second degree, attempted murder in the first degree, solicitation to commit 27 murder in the first degree, conspiracy to commit murder in the first degree, murder of 28 an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first 29 degree, misconduct involving a controlled substance in the first degree, and 30 kidnapping, the offenses in this title are classified into the following categories: 31 (1) class A felonies, which characteristically involve conduct resulting
01 in serious physical injury or a substantial risk of serious physical injury to a person; 02 (2) class B felonies, which characteristically involve conduct resulting 03 in less severe violence against a person than class A felonies, aggravated offenses 04 against property interests, or aggravated offenses against public administration or 05 order; 06 (3) class C felonies, which characteristically involve conduct serious 07 enough to deserve felony classification but not serious enough to be classified as A or 08 B felonies; 09 (4) class A misdemeanors, which characteristically involve less severe 10 violence against a person, less serious offenses against property interests, less serious 11 offenses against public administration or order, or less serious offenses against public 12 health and decency than felonies; 13 (5) class B misdemeanors, which characteristically involve a minor 14 risk of physical injury to a person, minor offenses against property interests, minor 15 offenses against public administration or order, or minor offenses against public health 16 and decency; 17 (6) violations, which characteristically involve conduct inappropriate 18 to an orderly society but which do not denote criminality in their commission. 19 * Sec. 5. AS 11.81.250(b) is amended to read: 20 (b) The classification of each felony defined in this title, except murder in the 21 first and second degree, attempted murder in the first degree, solicitation to commit 22 murder in the first degree, conspiracy to commit murder in the first degree, murder of 23 an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first 24 degree, misconduct involving a controlled substance in the first degree, and 25 kidnapping, is designated in the section defining it. A felony under Alaska law defined 26 outside this title for which no penalty is specifically provided is a class C felony. 27 * Sec. 6. AS 11.81.900(b) is amended by adding a new paragraph to read: 28 (64) "unborn child" means a member of the species Homo sapiens, at 29 any stage of development, who is carried in the womb. 30 * Sec. 7. AS 12.55.035(b) is amended to read: 31 (b) Except as provided in AS 12.55.036, upon conviction of an offense, a
01 defendant who is not an organization may be sentenced to pay, unless otherwise 02 specified in the provision of law defining the offense, a fine of no more than 03 (1) $500,000 for murder in the first or second degree, attempted 04 murder in the first degree, murder of an unborn child, sexual assault in the first 05 degree, sexual abuse of a minor in the first degree, kidnapping, or misconduct 06 involving a controlled substance in the first degree; 07 (2) $250,000 for a class A felony; 08 (3) $100,000 for a class B felony; 09 (4) $50,000 for a class C felony; 10 (5) $10,000 for a class A misdemeanor; 11 (6) $2,000 for a class B misdemeanor; 12 (7) $500 for a violation. 13 * Sec. 8. AS 12.55.125(a) is amended to read: 14 (a) A defendant convicted of murder in the first degree or murder of an 15 unborn child under AS 11.41.150(a)(1) shall be sentenced to a definite term of 16 imprisonment of at least 20 years but not more than 99 years. A defendant convicted 17 of murder in the first degree shall be sentenced to a mandatory term of imprisonment 18 of 99 years when 19 (1) the defendant is convicted of the murder of a uniformed or 20 otherwise clearly identified peace officer, fire fighter, or correctional employee who 21 was engaged in the performance of official duties at the time of the murder; 22 (2) the defendant has been previously convicted of 23 (A) murder in the first degree under AS 11.41.100 or former 24 AS 11.15.010 or 11.15.020; 25 (B) murder in the second degree under AS 11.41.110 or former 26 AS 11.15.030; or 27 (C) homicide under the laws of another jurisdiction when the 28 offense of which the defendant was convicted contains elements similar to first 29 degree murder under AS 11.41.100 or second degree murder under 30 AS 11.41.110; 31 (3) the court finds by clear and convincing evidence that the defendant
01 subjected the murder victim to substantial physical torture; or 02 (4) the defendant is convicted of the murder of and personally caused 03 the death of a person, other than a participant, during a robbery. 04 * Sec. 9. AS 12.55.125(b) is amended to read: 05 (b) A defendant convicted of attempted murder in the first degree, solicitation 06 to commit murder in the first degree, conspiracy to commit murder in the first degree, 07 kidnapping, or misconduct involving a controlled substance in the first degree shall be 08 sentenced to a definite term of imprisonment of at least five years but not more than 09 99 years. A defendant convicted of murder in the second degree or murder of an 10 unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of 11 imprisonment of at least 10 years but not more than 99 years. A defendant convicted 12 of murder in the second degree shall be sentenced to a definite term of imprisonment 13 of at least 20 years but not more than 99 years when the defendant is convicted of the 14 murder of a child under 16 years of age and the court finds by clear and convincing 15 evidence that the defendant (1) was a natural parent, a stepparent, an adopted parent, a 16 legal guardian, or a person occupying a position of authority in relation to the child; or 17 (2) caused the death of the child by committing a crime against a person under 18 AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and "position of 19 authority" have the meanings given in AS 11.41.470.