2013 Maryland Code
CRIMINAL LAW
§ 2-103 - Murder or manslaughter of viable fetus [Effective until October 1, 2013].

§2-103.

(a) For purposes of a prosecution under this title, “viable” has the meaning stated in § 20-209 of the Health - General Article.

(b) Except as provided in subsections (d) through (f) of this section, a prosecution may be instituted for murder or manslaughter of a viable fetus.

(c) A person prosecuted for murder or manslaughter as provided in subsection (b) of this section must have:

(1) intended to cause the death of the viable fetus;

(2) intended to cause serious physical injury to the viable fetus; or

(3) wantonly or recklessly disregarded the likelihood that the person’s actions would cause the death of or serious physical injury to the viable fetus.

(d) Nothing in this section applies to or infringes on a woman’s right to terminate a pregnancy as stated in § 20-209 of the Health - General Article.

(e) Nothing in this section subjects a physician or other licensed medical professional to liability for fetal death that occurs in the course of administering lawful medical care.

(f) Nothing in this section applies to an act or failure to act of a pregnant woman with regard to her own fetus.

(g) Nothing in this section shall be construed to confer personhood or any rights on the fetus.

(h) The commission of first degree murder of a viable fetus under this section, in conjunction with the commission of another first degree murder arising out of the same incident, does not constitute an aggravating circumstance subjecting a defendant to the death penalty under § 2-303(g)(ix) of this title.

§ 2-103 - Murder or manslaughter of viable fetus.

(a) "Viable" defined. -- For purposes of a prosecution under this title, "viable" has the meaning stated in § 20-209 of the Health - General Article.

(b) Prosecution authorized. -- Except as provided in subsections (d) through (f) of this section, a prosecution may be instituted for murder or manslaughter of a viable fetus.

(c) Intent. -- A person prosecuted for murder or manslaughter as provided in subsection (b) of this section must have:

(1) intended to cause the death of the viable fetus;

(2) intended to cause serious physical injury to the viable fetus; or

(3) wantonly or recklessly disregarded the likelihood that the person's actions would cause the death of or serious physical injury to the viable fetus.

(d) Inapplicable to termination of pregnancy. -- Nothing in this section applies to or infringes on a woman's right to terminate a pregnancy as stated in § 20-209 of the Health - General Article.

(e) Inapplicable to medical professionals administering lawful care. -- Nothing in this section subjects a physician or other licensed medical professional to liability for fetal death that occurs in the course of administering lawful medical care.

(f) Inapplicable to actions of woman carrying fetus. -- Nothing in this section applies to an act or failure to act of a pregnant woman with regard to her own fetus.

(g) Section does not confer personhood on fetus. -- Nothing in this section shall be construed to confer personhood or any rights on the fetus.

(h) Crime not considered "aggravating circumstance". -- The commission of first degree murder of a viable fetus under this section, in conjunction with the commission of another first degree murder arising out of the same incident, does not constitute an aggravating circumstance subjecting a defendant to the death penalty under § 2-303(g)(ix) of this title.