Bill > A2855

Introduced Session

This bill, designated as the "Motherhood Violence Act," provides that the intentional killing of an unborn child would constitute criminal homicide in New Jersey. Currently, the murder of a pregnant woman is one count of murder; the death of an unborn child is not a homicide under New Jersey law. Under this bill, the death of the unborn child would constitute a separate count of murder, independent of charges related to the death of or injury to the mother. Specifically, the bill provides that a person would be guilty of the crime of fetal homicide if he purposely causes the death of an unborn child or purposely causes serious bodily injury to the victim resulting in the death of her unborn child, or knowingly causes the death of an unborn child or knowingly causes serious bodily injury to the victim resulting in the death of her unborn child. The bill would not apply to a person who commits an act which results in the death of an unborn child under any of the following circumstances: (1) The act was committed pursuant to usual and customary standards of medical practice during a diagnostic testing or therapeutic treatment; or (2) The act was solicited, aided or consented to by the mother of the unborn child. The bill defines the term "unborn child" as "an individual at any stage of development from fertilization until birth." Under the bill, fetal homicide would be a crime of the first degree and upon conviction the defendant would be sentenced by the court to a term of 20 years during which the person would not be eligible for parole. The sponsor notes that at least 38 states have enacted fetal homicide laws. Many such laws came into existence following the enactment at the federal level of the "Unborn Victims of Violence Act," codified as 18 U.S.C. s.1841, and known as "Laci and Conner's Law," which recognizes a child in utero who is injured or killed during a crime of violence as a victim. In December, 2002, Laci Denise Peterson was killed in the eighth month of her pregnancy in Modesto, California. Her husband Scott Peterson was convicted of first degree murder in her death and second degree murder in the death of her unborn child, Conner.

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Ronald Dancer (R)*, 

Introduced, Referred to Assembly Women and Children Committee (on 02/01/2018)