2006 Code of Virginia § 18.2-71.1 - Partial birth infanticide; penalty

18.2-71.1. Partial birth infanticide; penalty.

A. Any person who knowingly performs partial birth infanticide and therebykills a human infant is guilty of a Class 4 felony.

B. For the purposes of this section, "partial birth infanticide" means anydeliberate act that (i) is intended to kill a human infant who has been bornalive, but who has not been completely extracted or expelled from its mother,and that (ii) does kill such infant, regardless of whether death occursbefore or after extraction or expulsion from its mother has been completed.

The term "partial birth infanticide" shall not under any circumstances beconstrued to include any of the following procedures: (i) the suctioncurettage abortion procedure, (ii) the suction aspiration abortion procedure,(iii) the dilation and evacuation abortion procedure involving dismembermentof the fetus prior to removal from the body of the mother, or (iv) completingdelivery of a living human infant and severing the umbilical cord of anyinfant who has been completely delivered.

C. For the purposes of this section, "human infant who has been born alive"means a product of human conception that has been completely or substantiallyexpelled or extracted from its mother, regardless of the duration ofpregnancy, which after such expulsion or extraction breathes or shows anyother evidence of life such as beating of the heart, pulsation of theumbilical cord, or definite movement of voluntary muscles, whether or not theumbilical cord has been cut or the placenta is attached.

D. For purposes of this section, "substantially expelled or extracted fromits mother" means, in the case of a headfirst presentation, the infant'sentire head is outside the body of the mother, or, in the case of breechpresentation, any part of the infant's trunk past the navel is outside thebody of the mother.

E. This section shall not prohibit the use by a physician of any procedurethat, in reasonable medical judgment, is necessary to prevent the death ofthe mother, so long as the physician takes every medically reasonable step,consistent with such procedure, to preserve the life and health of theinfant. A procedure shall not be deemed necessary to prevent the death of themother if completing the delivery of the living infant would prevent thedeath of the mother.

F. The mother may not be prosecuted for any criminal offense based on theperformance of any act or procedure by a physician in violation of thissection.

(2003, cc. 961, 963.)