2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 26 - Crimes Against Unborn Child
2608 - Nonliability and defenses.

     § 2608.  Nonliability and defenses.
        (a)  Nonliability.--Nothing in this chapter shall impose
     criminal liability:
            (1)  For acts committed during any abortion or attempted
        abortion, whether lawful or unlawful, in which the pregnant
        woman cooperated or consented.
            (2)  For the consensual or good faith performance of
        medical practice, including medical procedures, diagnostic
        testing or therapeutic treatment, the use of an intrauterine
        device or birth control pill to inhibit or prevent ovulation,
        fertilization or the implantation of a fertilized ovum within
        the uterus.
            (3)  Upon the pregnant woman in regard to crimes against
        her unborn child.
        (b)  Defenses.--In any prosecution pursuant to this chapter,
     it shall be a defense that:
            (1)  The use of force that caused death or serious bodily
        injury to the unborn child would have been justified pursuant
        to Chapter 5 (relating to general principles of
        justification) if it caused death or serious bodily injury to
        the mother.
            (2)  Death or serious bodily injury to the unborn child
        was caused by the use of force which would have been
        justified pursuant to Chapter 5 if the same level of force
        was used upon or toward the mother.