HB 58: "An Act relating to offenses against unborn children."
00 HOUSE BILL NO. 58 01 "An Act relating to offenses against unborn children." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 SHORT TITLE. This Act may be known as the Laci and Connor Peterson Victims of 06 Violence Act. 07 * Sec. 2. AS 11.41 is amended by adding new sections to article 1 to read: 08 Sec. 11.41.150. Murder of an unborn child. (a) A person commits the 09 crime of murder of an unborn child if the person 10 (1) with intent to cause the death of an unborn child or of another 11 person, causes the death of an unborn child; 12 (2) with intent to cause serious physical injury to an unborn child or to 13 another person or knowing that the conduct is substantially certain to cause death or 14 serious physical injury to an unborn child or to another person, causes the death of an 15 unborn child;
01 (3) while acting alone or with one or more persons, commits or 02 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 03 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 04 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 05 first or second degree, robbery in any degree, or misconduct involving a controlled 06 substance under AS 11.71.010(a), 11.71.020(a), 11.71.030(a)(1) or (2), or 07 11.71.040(a)(1) or (2), and, in the course of or in furtherance of that crime or in 08 immediate flight from that crime, any person causes the death of an unborn child; 09 (4) knowingly engages in conduct that results in the death of an unborn 10 child under circumstances manifesting an extreme indifference to the value of human 11 life. 12 (b) A person may not be convicted under (a)(3) of this section if the only 13 underlying crime is burglary, the sole purpose of the burglary is a criminal homicide, 14 and the unborn child killed is the intended victim of the defendant. However, if the 15 defendant causes the death of another unborn child, the defendant may be convicted 16 under (a)(3) of this section. Nothing in this subsection precludes a prosecution for or 17 conviction of murder in the first degree or murder in the second degree under 18 AS 11.41.110(a)(1) or (2) or of any other crime, including manslaughter or burglary. 19 (c) Murder of an unborn child is an unclassified felony. 20 Sec. 11.41.160. Manslaughter of an unborn child. (a) A person commits 21 the crime of manslaughter of an unborn child if the person intentionally, knowingly, or 22 recklessly causes the death of an unborn child under circumstances not amounting to 23 murder of an unborn child. 24 (b) Manslaughter of an unborn child is a class A felony. 25 Sec. 11.41.170. Criminally negligent homicide of an unborn child. (a) A 26 person commits the crime of criminally negligent homicide of an unborn child if, with 27 criminal negligence, the person causes the death of an unborn child. 28 (b) Criminally negligent homicide of an unborn child is a class B felony. 29 Sec. 11.41.180. Applicability of AS 11.41.150 - 11.41.170. AS 11.41.150 - 30 11.41.170 do not apply to acts that 31 (1) cause the death of an unborn child if those acts were committed
01 during a legal abortion to which the pregnant woman consented; 02 (2) are committed under usual and customary standards of medical 03 practice during diagnostic testing, therapeutic treatment, or to assist a pregnancy; or 04 (3) are committed by a pregnant woman against herself and her own 05 unborn child. 06 * Sec. 3. AS 11.41 is amended by adding new sections to article 2 to read: 07 Sec. 11.41.280. Assault of an unborn child in the first degree. (a) A 08 person commits the crime of assault of an unborn child in the first degree if the person 09 knowingly causes serious physical injury to an unborn child and that child is 10 subsequently born alive. 11 (b) In this section, "serious physical injury" has the meaning given in 12 AS 11.81.900 and includes the birth of an unborn child before 37 weeks gestation if 13 the child weighs 2,500 grams or less at the time of birth. 14 (c) Assault of an unborn child in the first degree is a class C felony. 15 Sec. 11.41.284. Assault of an unborn child in the second degree. (a) A 16 person commits the crime of assault of an unborn child in the second degree if the 17 person 18 (1) by words or other conduct intentionally places a pregnant woman 19 in fear of death of her unborn child; or 20 (2) intentionally causes physical injury to an unborn child and that 21 child is subsequently born alive. 22 (b) Assault of an unborn child in the second degree is a class A misdemeanor. 23 Sec. 11.41.287. Applicability of AS 11.41.280 and 11.41.284. AS 11.41.280 24 and 11.41.284 do not apply to acts that 25 (1) cause serious physical injury or physical injury to an unborn child 26 if those acts were committed during a legal abortion to which a pregnant woman 27 consented; 28 (2) are committed under usual and customary standards of medical 29 practice during diagnostic testing, therapeutic treatment, or to assist a pregnancy; or 30 (3) are committed by a pregnant woman against herself or her own 31 unborn child.
01 * Sec. 4. AS 11.81.250(a) is amended to read: 02 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 03 title, except murder in the first and second degree, attempted murder in the first 04 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 05 in the first degree, murder of an unborn child, sexual assault in the first degree, 06 sexual abuse of a minor in the first degree, misconduct involving a controlled 07 substance in the first degree, and kidnapping, are classified on the basis of their 08 seriousness, according to the type of injury characteristically caused or risked by 09 commission of the offense and the culpability of the offender. Except for murder in 10 the first and second degree, attempted murder in the first degree, solicitation to 11 commit murder in the first degree, conspiracy to commit murder in the first degree, 12 murder of an unborn child, sexual assault in the first degree, sexual abuse of a minor 13 in the first degree, misconduct involving a controlled substance in the first degree, and 14 kidnapping, the offenses in this title are classified into the following categories: 15 (1) class A felonies, which characteristically involve conduct resulting 16 in serious physical injury or a substantial risk of serious physical injury to a person; 17 (2) class B felonies, which characteristically involve conduct resulting 18 in less severe violence against a person than class A felonies, aggravated offenses 19 against property interests, or aggravated offenses against public administration or 20 order; 21 (3) class C felonies, which characteristically involve conduct serious 22 enough to deserve felony classification but not serious enough to be classified as A or 23 B felonies; 24 (4) class A misdemeanors, which characteristically involve less severe 25 violence against a person, less serious offenses against property interests, less serious 26 offenses against public administration or order, or less serious offenses against public 27 health and decency than felonies; 28 (5) class B misdemeanors, which characteristically involve a minor 29 risk of physical injury to a person, minor offenses against property interests, minor 30 offenses against public administration or order, or minor offenses against public health 31 and decency;
01 (6) violations, which characteristically involve conduct inappropriate 02 to an orderly society but which do not denote criminality in their commission. 03 * Sec. 5. AS 11.81.250(b) is amended to read: 04 (b) The classification of each felony defined in this title, except murder in the 05 first and second degree, attempted murder in the first degree, solicitation to commit 06 murder in the first degree, conspiracy to commit murder in the first degree, murder of 07 an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first 08 degree, misconduct involving a controlled substance in the first degree, and 09 kidnapping, is designated in the section defining it. A felony under Alaska law 10 defined outside this title for which no penalty is specifically provided is a class C 11 felony. 12 * Sec. 6. AS 11.81.900(b) is amended by adding a new paragraph to read: 13 (64) "unborn child" means a member of the species Homo sapiens, at 14 any stage of development, who is carried in the womb. 15 * Sec. 7. AS 12.55.125(b) is amended to read: 16 (b) A defendant convicted of attempted murder in the first degree, solicitation 17 to commit murder in the first degree, conspiracy to commit murder in the first degree, 18 kidnapping, or misconduct involving a controlled substance in the first degree shall be 19 sentenced to a definite term of imprisonment of at least five years but not more than 20 99 years. A defendant convicted of murder in the second degree or murder of an 21 unborn child shall be sentenced to a definite term of imprisonment of at least 10 years 22 but not more than 99 years. A defendant convicted of murder in the second degree 23 shall be sentenced to a definite term of imprisonment of at least 20 years but not more 24 than 99 years when the defendant is convicted of the murder of a child under 16 years 25 of age and the court finds by clear and convincing evidence that the defendant (1) was 26 a natural parent, a stepparent, an adopted parent, a legal guardian, or a person 27 occupying a position of authority in relation to the child; or (2) caused the death of the 28 child by committing a crime against a person under AS 11.41.200 - 11.41.530. In this 29 subsection, "legal guardian" and "position of authority" have the meanings given in 30 AS 11.41.470.