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In Pennsylvania, a person can be convicted of certain crimes against an unborn child. An unborn child is defined as “an individual organism of the species homo sapiens from fertilization until live birth.

Criminal homicide of an unborn child

A person is guilty of criminal homicide of an unborn child if they knowingly, intelligently, recklessly, or negligently cause the death of an unborn child by murder or voluntary manslaughter.

Murder of an unborn child

A person can be charged and convicted of murder of an unborn child if they 1.) intend to kill the unborn child; 2.) kills an unborn child while committing or being an accomplice to a felony; or 3.) causes the murder of an unborn child in all other ways.

Voluntary manslaughter of an unborn child

If an unborn child is killed as a result of a sudden and intense passion that was caused by the mother’s serious provocation and the person attempts to kill the mother or if the person tries to kill another third party but inadvertently kills the unborn child.

Aggravated assault of an unborn child

A person can be charged and convicted of aggravated assault of an unborn child if they “attempt to cause serious bodily injury to the unborn child or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the life of the unborn child.”

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