HB1631: Feticide; penalty.

Chief Patron

Chris Jones (R-76)
Suffolk, VA
Served: 1998–

Progress

	Introduced
	Passed Committee
	Passed House
	Passed Senate
	Signed by Governor
	Became Law

Status

Bill is Dead

View Entire History

Summary

Killing a fetus; penalty. Provides that any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills a fetus is guilty of a Class 2 felony, and that any person who commits such an act without premeditation is guilty of a felony punishable by confinement in a state correctional facility for not less than five nor more than 40 years. Currently the act of unlawfully killing a fetus as described in this statute is a crime only if the fetus is the fetus "of another." View Full Text »

Comments

fdr writes:

Anyone know, is the state's definition of "fetus" the same as the scientific definition (i.e., an 8-week-old embryo)?

Posted 18 months ago. #

Waldo Jaquith writes:

It is my understanding that the state defines fetus simply as an unborn child, from conception (not fertilization) onward. I'm afraid I can't find a source on that at the moment.

Posted 18 months ago. #

Maura writes:

As I recall from the fetal death reporting bill two years ago, a fetus is described in Virginia code as "any product of conception regardless of gestational age".

Obviously, this is HUGELY problematic.

So my understanding is that this bill simply amends the existing feticide law to ensure that a woman who is pregnant can also be charged for the death of a fetus in her own body, correct?

Posted 18 months ago. #

Scott writes:

I believe the purpose of most of these bills is to try to establish constitutional rights for fetuses as if they had been born - from the time of conception on. The only way to trump the mother's right to make decisions about her own body is to endow the fetus with full rights.

Posted 18 months ago. #