Section 11.41.150. Murder of an unborn child.

   (a) A person commits the crime of murder of an unborn child if the person
        (1) with intent to cause the death of an unborn child or of another person, causes the death of an unborn child;
        (2) with intent to cause serious physical injury to an unborn child or to another person or knowing that the conduct is substantially certain to cause death or serious physical injury to an unborn child or to another person, causes the death of an unborn child;
        (3) while acting alone or with one or more persons, commits or attempts to commit arson in the first degree, kidnapping, sexual assault in the first degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, sexual abuse of a minor in the second degree, burglary in the first degree, escape in the first or second degree, robbery in any degree, or misconduct involving a controlled substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4)-(8), or 11.71.040(a)(1) or (2), and, in the course of or in furtherance of that crime or in immediate flight from that crime, any person causes the death of an unborn child;
        (4) knowingly engages in conduct that results in the death of an unborn child under circumstances manifesting an extreme indifference to the value of human life; for purposes of this paragraph, a pregnant woman's decision to remain in a relationship in which domestic violence, as defined in AS 18.66.990, has occurred does not constitute conduct manifesting an extreme indifference to the value of human life.
   (b) A person may not be convicted under (a)(3) of this section if the only underlying crime is burglary, the sole purpose of the burglary is a criminal homicide, and the unborn child killed is the intended victim of the defendant. However, if the defendant causes the death of another unborn child, the defendant may be convicted under (a)(3) of this section. Nothing in this subsection precludes a prosecution for or conviction of murder in the first degree or murder in the second degree, murder of an unborn child under AS 11.41.150(a)(1), (2), or (4), or any other crime.
   (c) Murder of an unborn child is an unclassified felony.

Authorities

11.41.150;11.41.180;12.55.125

Notes

Recent Bills that will modify this

SB 30 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES
SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

References

AS 11.41.150 Murder of an unborn child.
AS 11.41.180
AS 11.41.180 Applicability of AS 11.41.150 - 11.41.170.
AS 12.55.125 Sentences of imprisonment for felonies.

History

(Sec. 2 ch 73 SLA 2006; am Sec. 5 ch 36 SLA 2016)