[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1997 Enrolled Bill (ENR)]
H.R.1997
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To amend title 18, United States Code, and the Uniform Code of Military
Justice to protect unborn children from assault and murder, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unborn Victims of Violence Act of
2004'' or ``Laci and Conner's Law''.
SEC. 2. PROTECTION OF UNBORN CHILDREN.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 90 the following:
``CHAPTER 90A--PROTECTION OF UNBORN CHILDREN
``Sec.
``1841. Protection of unborn children.
``Sec. 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.
``(D) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are the
following:
``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242,
245, 247, 248, 351, 831, 844(d), (f), (h)(1),and (i), 924(j), 930,
1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a),
1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952
(a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 1959, 1992, 2113, 2114,
2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281,
2332, 2332a, 2332b, 2340A, and 2441 of this title.
``(2) Section 408(e) of the Controlled Substances Act of 1970
(21 U.S.C. 848(e)).
``(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C.
2283).
``(c) Nothing in this section shall be construed to permit the
prosecution--
``(1) of any person for conduct relating to an abortion for
which the consent of the pregnant woman, or a person authorized by
law to act on her behalf, has been obtained or for which such
consent is implied by law;
``(2) of any person for any medical treatment of the pregnant
woman or her unborn child; or
``(3) of any woman with respect to her unborn child.
``(d) As used in this section, the term `unborn child' means a
child in utero, and the term `child in utero' or `child, who is in
utero' means a member of the species homo sapiens, at any stage of
development, who is carried in the womb.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 90 the following new item:
``90A. Protection of unborn children.............................1841''.
SEC. 3. MILITARY JUSTICE SYSTEM.
(a) Protection of Unborn Children.--Subchapter X of chapter 47 of
title 10, United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 919 (article 119) the following new
section:
``Sec. 919a. Art. 119a. Death or injury of an unborn child
``(a)(1) Any person subject to this chapter who 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 of title 18) to, a child, who is in utero at the time the conduct
takes place, is guilty of a separate offense under this section and
shall, upon conviction, be punished by such punishment, other than
death, as a court-martial may direct, which shall be consistent with
the punishments prescribed by the President for that conduct had that
injury or death occurred to the unborn child's mother.
``(2) 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 accused intended to cause the death of, or bodily
injury to, the unborn child.
``(3) 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 paragraph (1), be punished as provided under
sections 880, 918, and 919(a) of this title (articles 80, 118, and
119(a)) for intentionally killing or attempting to kill a human being.
``(4) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are sections
918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title
(articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128).
``(c) Nothing in this section shall be construed to permit the
prosecution--
``(1) of any person for conduct relating to an abortion for
which the consent of the pregnant woman, or a person authorized by
law to act on her behalf, has been obtained or for which such
consent is implied by law;
``(2) of any person for any medical treatment of the pregnant
woman or her unborn child; or
``(3) of any woman with respect to her unborn child.
``(d) In this section, the term `unborn child' means a child in
utero, and the term `child in utero' or `child, who is in utero' means
a member of the species homo sapiens, at any stage of development, who
is carried in the womb.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 919 the following new item:
``919a. 119a. Death or injury of an unborn child.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.