Murder in The United States - Fetal Homicide in The United States

Fetal Homicide in The United States

Under the common law, an assault on a pregnant woman resulting in a stillbirth was not considered murder; the child had to have breathed at least once to be a human being Remedies were limited to criminal penalties for the assault on the mother and tort action for loss of the anticipated economic services of the lost child and/or for emotional pain and suffering. With the widespread adoption of laws against abortion, the assailant could be charged with that offense, but the penalty was often only a fine and a few days in jail.

When the Supreme Court greatly reduced laws prohibiting abortions in Roe v. Wade (1973) those sanctions became harder to use. This meant that an assault which ensured that the baby never breathed would result in a lesser charge. Various states passed "fetal homicide" laws, making killing of an unborn child murder; the laws differ about the stage of development at which the child is protected.

After several well-publicized cases, Congress passed the Unborn Victims of Violence Act, which specifically criminalizes harming a fetus, with the same penalties as for a similar attack upon a person, when the attack would be a federal offense. Most such attacks fall under state laws; for instance, Scott Peterson was convicted of killing his unborn son as well as his wife under California's pre-existing fetal homicide law.