I'm not trying to start anything. I found this online. One of many sites saying this:
history/facts:
historically, a fetus was not recognized as a legal entity separate from the pregnant woman. In fact, abortion was generally not illegal until the latter half of the 1800s, when many states enacted laws criminalizing the procedure.
Many states have recently enacted fetal homicide laws, which create a separate crime for actions taken against a woman that result in the death of - or harm to - her fetus. These laws treat the fetus as an individual, apart from the woman. Some of these laws do not contain exceptions for the woman or her doctor, which could possibly allow criminal proceedings for measures taken as a course of treatment (radiation treatment for cancer or antibiotics) or for abortion.
On the federal level, in 1999 the unborn victims of violence act (which does contain exceptions for the woman, her doctor, and abortion) was proposed and passed the house of representatives.
These states have fetal homicide laws where fetuses are victims at any stage of development:
az
id
il
la
mi
mn
mo
nd
ne
nd
oh
pa
sd
ut
wi
these states have fetal homicide laws where fetuses are victims at only specific stages in development:
ar
ca
fl
ga
ma
ms
nv
ok
ri
sc
tn
wa
the following states criminalize certain conduct that terminates pregnancies or causes miscarriages:
ia
in
ks
nc
nh
nm
va
argument for fetal homicide laws:
fetal homicide laws have been described as supporting and protecting women who decide to carry their babies to term. Sponsored links
those supporting these acts, most often pro-life advocates, say that both the lives of the pregnant woman and the fetus should be explicitly protected. They declare that fetal homicide laws justly criminalize cases and provide the opportunity to protect unborn children and their mothers. Some pro-lifers hope fetal homicide laws will establish a precedent that fetuses are human beings, thereby fueling efforts to reverse the u.S. Supreme court's 1973 roe v. Wade decision that legalized abortion.
Argument against fetal homicide laws:
those against fetal homicide laws fear that laws to protect a fetus could infringe on a woman's right to choose an abortion. Pro-choice leaders say these laws grant a fetus legal status distinct from the pregnant woman - possibly creating an adversarial relationship between a woman and her baby. Those against these laws are also concerned as to whether they could be interpreted to apply to a woman's behavior during her pregnancy, such as smoking, drinking or using illegal drugs. Instead, they prefer to criminalize an assault on a pregnant woman and recognize her as the only victim.
Current status:
the most recent case involving fetal homicide laws is that of the laci peterson homicide. Her husband, scott peterson was convicted in november, 2004 by a california jury. Peterson could get the death penalty for the count of first-degree homicide for killing his wife and the count of second-degree homicide for killing their unborn child. Lacy peterson was in her 8th month of pregnancy when she disappeared. Under california law, homicide charges can result if the fetus is older than seven weeks. To convict peterson of murdering his unborn son, prosecutors had to prove that he intended to kill the fetus or knew that it would die as a result of his wife's death.
There has been debate on both sides of this issue. "if this is homicide, well, then any time a late-term fetus is aborted, they could call it homicide," morris county now president mavra stark told reporters. Marie tasy, public and legislative affairs director for new jersey right to life, counters that a double-homicide charge against scott peterson is appropriate.
You can check out:
http://www.Nrlc.Org/unborn_victims/sta
tehomicidelaws092302.Html it gives laws for each state.