Fetal homicide laws, also known as born alive laws, in the United States
Homicide or murder
Other crime against fetus
Depends on age of fetus
Assaulting mother
No law on feticide
Born alive laws in the United States are fetal rights laws that extend various criminal laws, such as homicide and assault, to cover unlawful death or other harm done to a fetus in utero or to an infant that has been delivered. The basis for such laws stems from advances in medical science and social perception, which allow a fetus to be seen and medically treated as an individual in the womb and perceived socially as a person, for some or all of the pregnancy.
Such laws overturn the common law legal principle that until physically born, a fetus or unborn child does not have independent legal existence and therefore cannot be the victim of such crimes. They often provide for transferred intent, sometimes called "transferred malice", so that an unlawful act which happens to affect a pregnant woman and thus harm her fetus can be charged as a crime with the fetus as a victim, in addition to crimes against any other people.
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