2005 North Carolina Code - General Statutes § 14-18.2. Injury to pregnant woman.

§ 14‑18.2.  Injury to pregnant woman.

(a)       Definitions. – The following definitions shall apply in this section:

(1)       Miscarriage. – The interruption of the normal development of the fetus, other than by a live birth, and which is not an induced abortion permitted under G.S. 14‑45.1, resulting in the complete expulsion or extraction from a pregnant woman of the fetus.

(2)       Stillbirth. – The death of a fetus prior to the complete expulsion or extraction from a woman irrespective of the duration of pregnancy and which is not an induced abortion permitted under G.S. 14‑45.1.

(b)       A person who in the commission of a felony causes injury to a woman, knowing the woman to be pregnant, which injury results in a miscarriage or stillbirth by the woman is guilty of a felony that is one class higher than the felony committed.

(c)       A person who in the commission of a misdemeanor that is an act of domestic violence as defined in Chapter 50B of the General Statutes causes injury to a woman, knowing the woman to be pregnant, which results in miscarriage or stillbirth by the woman is guilty of a misdemeanor that is one class higher than the misdemeanor committed. If the offense was a Class A1 misdemeanor, the defendant is guilty of a Class I felony.

(d)       This section shall not apply to acts committed by a pregnant woman which result in a miscarriage or stillbirth by the woman. (1998‑212, s. 17.16(b).)