16-5-80
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16-5-80.
(a)
For the purposes of this Code section, the term 'unborn child' means a member of
the species homo sapiens at any stage of development who is carried in the womb.
(b)
A person commits the offense of feticide if he or she willfully and without
legal justification causes the death of an unborn child by any injury to the
mother of such child, which would be murder if it resulted in the death of such
mother, or if he or she, when in the commission of a felony, causes the death of
an unborn child.
(c)
A person convicted of the offense of feticide shall be punished by imprisonment
for life.
(d)
A person commits the offense of voluntary manslaughter of an unborn child when
such person causes the death of an unborn child under circumstances which would
otherwise be feticide and if such person acts solely as the result of a sudden,
violent, and irresistible passion resulting from serious provocation sufficient
to excite such passion in a reasonable person; provided, however, that, if there
should have been an interval between the provocation and the killing sufficient
for the voice of reason and humanity to be heard, of which the jury in all cases
shall be the judge, the killing shall be attributed to deliberate revenge and be
punished as feticide.
(e)
A person convicted of the offense of voluntary manslaughter of an unborn child
shall be guilty of a felony and shall be punished by imprisonment for not less
than one nor more than 20 years.
(f)
Nothing in this Code section shall be construed to permit the prosecution of:
(1)
Any person for conduct relating to an abortion for which the consent of the
pregnant woman, or person authorized by law to act on her behalf, has been
obtained or for which such consent is implied by law;
(2)
Any person for any medical treatment of the pregnant woman or her unborn child;
or
(3)
Any woman with respect to her unborn child.