2011 Kentucky Revised Statutes
CHAPTER 507A FETAL HOMICIDE
507A.020 Fetal homicide in the first degree.
Download pdf507A.020 Fetal homicide in the first degree.
(1)
(2)
A person is guilty of fetal homicide in the first degree when:
(a) With intent to cause the death of an unborn child or with the intent necessary
to commit an offense under KRS 507.020(1)(a), he causes the death of an
unborn child; except that in any prosecution, a person shall not be guilty under
this subsection if he acted under the influence of extreme emotional
disturbance for which there was a reasonable explanation or excuse, the
reasonableness of which is to be determined from the viewpoint of a person in
the defendant's situation under the circumstances as the defendant believed
them to be. However, nothing contained in this section shall constitute a
defense to a prosecution for or preclude a conviction of fetal homicide in the
second degree or any other crime; or
(b) Including but not limited to the operation of a motor vehicle under
circumstances manifesting extreme indifference to human life, he wantonly
engages in conduct which creates a grave risk of death to an unborn child and
thereby causes the death of an unborn child.
Fetal homicide in the first degree is a capital offense.
Effective: February 20, 2004
History: Created 2004 Ky. Acts ch. 1, sec. 2, effective February 20, 2004.
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