Law | Unborn Victims of Violence Act of 2004

http://www.gpo.gov/fdsys/pkg/PLAW-108publ212/pdf/PLAW-108publ212.pdf

1841. Protection of unborn children‘‘(a)(1) Whoever engages in conduct that violates any of the
provisions of law listed in subsection (b) and thereby causes the
death of, or bodily injury (as defined in section 1365) to, a child,
who is in utero at the time the conduct takes place, is guilty
of a separate offense under this section.
‘‘(2)(A) Except as otherwise provided in this paragraph, the
punishment for that separate offense is the same as the punishment
provided under Federal law for that conduct had that injury or
death occurred to the unborn child’s mother.
‘‘(B) An offense under this section does not require proof that—
‘‘(i) the person engaging in the conduct had knowledge
or should have had knowledge that the victim of the underlying
offense was pregnant; or
‘‘(ii) the defendant intended to cause the death of, or bodily
injury to, the unborn child.
‘‘(C) If the person engaging in the conduct thereby intentionally
kills or attempts to kill the unborn child, that person shall instead
of being punished under subparagraph (A), be punished as provided
under sections 1111, 1112, and 1113 of this title for intentionally
killing or attempting to kill a human being

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