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| Long title | 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. |
|---|---|
| Nicknames | Laci and Conner's Law |
| Enacted by | the 108th United States Congress |
| Citations | |
| Public law | Pub. L. 108–212 (text) (PDF) |
| Statutes at Large | 118 Stat. 568–570 |
| Codification | |
| Titles amended | 18, 10 |
| U.S.C. sections created | 18 U.S.C. § 1841, 10 U.S.C. § 919a |
| Legislative history | |
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The Unborn Victims of Violence Act of 2004 (Public Law 108-212) is a United States law that recognizes an embryo or fetus in utero as a legal victim, if they are injured or killed during the commission of any of over 60 listed federal crimes of violence. The law defines "child in utero" as "a member of the species Homo sapiens, at any stage of development, who is carried in the womb."[1]
The law is codified in two sections of the United States Code: Title 18, Chapter 1 (Crimes), §1841 (18 USC 1841) and Title 10, Chapter 22 (Uniform Code of Military Justice) §919a (Article 119a). The law applies only to certain offenses over which the United States government has jurisdiction, including certain crimes committed on federal properties, against certain federal officials and employees, and by members of the military. In addition, it covers certain crimes that are defined by statute as federal offenses wherever they occur, no matter who commits them, such as certain crimes of terrorism. Due to the principles of federalism embodied in the United States Constitution, federal criminal law does not apply to crimes prosecuted by the individual U.S. states, although 38 states also recognize the fetus or "unborn child" as a crime victim, at least for purposes of homicide or feticide.[2]
The legislation was both hailed and vilified by various legal observers who interpreted the measure as a step toward granting legal personhood to human fetuses, even though the bill explicitly contained a provision excepting abortion, stating that the bill would not "be construed to permit the prosecution... 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", "of any person for any medical treatment of the pregnant woman or her unborn child" or "of any woman with respect to her unborn child". The reluctance of a federal law to authorize federal prosecution of a particular act committed under federal jurisdiction does not prevent states from passing their own laws against the act committed under their jurisdiction. Meanwhile, the definition of all unborn babies as "members of the species homo sapiens" in section (d) says what proposed "personhood" laws say.[3] Sponsors of such proposals say such legal language will trigger the collapse clause in Roe v. Wade, by establishing what they suggest Roe said must be established for legal abortion to end.[4] Several state supreme courts have ruled that sections (a) through (c) are not threatened by Roe,[5] but no court has addressed whether Roe can survive the suggested triggering of its collapse clause by section (d).
The legislation was originally advocated by Senator Lindsey Graham, then later on the legislation was introduced in the house as H.R. 1997 by Melissa Hart in May 7, 2003. The enactment of the legislation was found to be essential, since it would make it a separate offense to harm a fetus.[6]
The legislation contained the alternate title of Laci and Conner's Law after the California mother (Laci Peterson) and fetus (Conner Peterson) whose deaths were widely publicized during the later stages of the congressional debate on the bill in 2003 and 2004. Her husband Scott Peterson was convicted of double homicide under California's fetal homicide law.[5]
- ^ Text of Unborn Victims of Violence Act Archived 2012-01-06 at the Wayback Machine.
- ^ [1] "State Homicide Laws That Recognize Unborn Victims."
- ^ "Life at Conception Act". National Pro-life Alliance. Retrieved 26 April 2012.
- ^ Roe v. Wade's collapse clause says: "The appellee and certain amici argue that the fetus is a 'person' within the language and meaning of the Fourteenth Amendment. In support of this, they outline at length and in detail the well-known facts of fetal development. If this suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus' right to life would then be guaranteed specifically by the Amendment. The appellant conceded as much on reargument. On the other hand, the appellee conceded on reargument that no case could be cited that holds that a fetus is a person within the meaning of the Fourteenth Amendment."
- ^ a b "Constitutional Challenges to State Unborn Victims (Fetal Homicide) Laws".
- ^ "South Carolina's 6th Congressional District - SC-06 Representatives & District Map". GovTrack.us. Retrieved 2022-11-17.