00 SENATE BILL NO. 219 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; or 29 (2) are committed under usual and customary standards of medical 30 practice during diagnostic testing or therapeutic treatment. 31  * Sec. 2. AS 11.41 is amended by adding new sections to article 2 to read: 01 Sec. 11.41.280. Assault of an unborn child in the first degree. (a) A 02 person commits the crime of assault of an unborn child in the first degree if the person 03 knowingly causes serious physical injury to an unborn child and that child is 04 subsequently born alive. 05 (b) In this section, "serious physical injury" has the meaning given in 06 AS 11.81.900 and includes the birth of an unborn child before 37 weeks gestation if 07 the child weighs 2,500 grams or less at the time of birth. 08 (c) Assault of an unborn child in the first degree is a class C felony. 09 Sec. 11.41.284. Assault of an unborn child in the second degree. (a) A 10 person commits the crime of assault of an unborn child in the second degree if the 11 person 12 (1) by words or other conduct intentionally places a pregnant woman 13 in fear of death of her unborn child; or 14 (2) intentionally causes physical injury to an unborn child and that 15 child is subsequently born alive. 16 (b) Assault of an unborn child in the second degree is a class A misdemeanor. 17 Sec. 11.41.287. Applicability of AS 11.41.280 and 11.41.284. AS 11.41.280 18 and 11.41.284 do not apply to acts that 19 (1) cause serious physical injury or physical injury to an unborn child 20 if those acts were committed during a legal abortion to which a pregnant woman 21 consented; or 22 (2) are committed pursuant to usual and customary standards of 23 medical practice during diagnostic testing or therapeutic treatment. 24  * Sec. 3. AS 11.41.250(a) is amended to read: 25 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 26 title, except murder in the first and second degree, attempted murder in the first 27 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 28 in the first degree, murder of an unborn child, sexual assault in the first degree, 29 sexual abuse of a minor in the first degree, misconduct involving a controlled 30 substance in the first degree, and kidnapping, are classified on the basis of their 31 seriousness, according to the type of injury characteristically caused or risked by 01 commission of the offense and the culpability of the offender. Except for murder in 02 the first and second degree, attempted murder in the first degree, solicitation to 03 commit murder in the first degree, conspiracy to commit murder in the first degree, 04 murder of an unborn child, sexual assault in the first degree, sexual abuse of a minor 05 in the first degree, misconduct involving a controlled substance in the first degree, and 06 kidnapping, the offenses in this title are classified into the following categories: 07 (1) class A felonies, which characteristically involve conduct resulting 08 in serious physical injury or a substantial risk of serious physical injury to a person; 09 (2) class B felonies, which characteristically involve conduct resulting 10 in less severe violence against a person than class A felonies, aggravated offenses 11 against property interests, or aggravated offenses against public administration or 12 order; 13 (3) class C felonies, which characteristically involve conduct serious 14 enough to deserve felony classification but not serious enough to be classified as A or 15 B felonies; 16 (4) class A misdemeanors, which characteristically involve less severe 17 violence against a person, less serious offenses against property interests, less serious 18 offenses against public administration or order, or less serious offenses against public 19 health and decency than felonies; 20 (5) class B misdemeanors, which characteristically involve a minor 21 risk of physical injury to a person, minor offenses against property interests, minor 22 offenses against public administration or order, or minor offenses against public health 23 and decency; 24 (6) violations, which characteristically involve conduct inappropriate 25 to an orderly society but which do not denote criminality in their commission. 26  * Sec. 4. AS 11.81.250(b) is amended to read: 27 (b) The classification of each felony defined in this title, except murder in the 28 first and second degree, attempted murder in the first degree, solicitation to commit 29 murder in the first degree, conspiracy to commit murder in the first degree, murder of  30 an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first 31 degree, misconduct involving a controlled substance in the first degree, and 01 kidnapping, is designated in the section defining it. A felony under Alaska law 02 defined outside this title for which no penalty is specifically provided is a class C 03 felony. 04  * Sec. 5. AS 11.81.900(b) is amended by adding a new paragraph to read: 05 (63) "unborn child" means the unborn offspring of a human being 06 conceived but not yet completely born. 07  * Sec. 6. AS 12.55.125(b) is amended to read: 08 (b) A defendant convicted of attempted murder in the first degree, solicitation 09 to commit murder in the first degree, conspiracy to commit murder in the first degree, 10 murder of an unborn child, kidnapping, or misconduct involving a controlled 11 substance in the first degree shall be sentenced to a definite term of imprisonment of at 12 least five years but not more than 99 years. A defendant convicted of murder in the 13 second degree shall be sentenced to a definite term of imprisonment of at least 10 14 years but not more than 99 years. A defendant convicted of murder in the second 15 degree shall be sentenced to a definite term of imprisonment of at least 20 years but 16 not more than 99 years when the defendant is convicted of the murder of a child under 17 16 years of age and the court finds by clear and convincing evidence that the 18 defendant (1) was a natural parent, a stepparent, an adopted parent, a legal guardian, or 19 a person occupying a position of authority in relation to the child; or (2) caused the 20 death of the child by committing a crime against a person under AS 11.41.200 - 21 11.41.530. In this subsection, "legal guardian" and "position of authority" have the 22 meanings given in AS 11.41.470.