H 4346 Session 111 (1995-1996)
H 4346 General Bill, By R.J. Herdklotz, Allison, Anderson, Askins, Bailey, Boan,
G. Brown, T. Brown, B.D. Cain, Cato, C.D. Chamblee, Cooper, Dantzler, Davenport,
Delleney, Easterday, L.L. Elliott, J.G. Felder, Fleming, R.C. Fulmer,
P.B. Harris, Harrison, Harvin, Haskins, T.E. Huff, H.G. Hutson, M.F. Jaskwhich,
Keegan, Kelley, M.H. Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law,
L.H. Limbaugh, Limehouse, Littlejohn, C.V. Marchbanks, Mason, McCraw, McKay,
McMahand, D.E. McTeer, Meacham, Phillips, Quinn, Rhoad, Rice, Riser, Robinson,
Sandifer, Seithel, Sharpe, Simrill, R. Smith, Spearman, Stille, Stuart,
Townsend, Tripp, Trotter, Vaughn, D.C. Waldrop, Walker, C.C. Wells, Whatley,
Wilder, Wilkins, Witherspoon, H.G. Worley, D.A. Wright, W.J. Young and
Young-Brickell
A Bill to amend the Code of Laws of South Carolina, 1976, to enact the "Crimes
Against Unborn Children Act" by adding Section 16-3-90 so as to create
offenses against an unborn child of intentional homicide, voluntary
manslaughter, involuntary manslaughter, battery, and aggravated battery and to
provide penalties.
12/13/95 House Prefiled
12/13/95 House Referred to Committee on Judiciary
01/09/96 House Introduced and read first time HJ-62
01/09/96 House Referred to Committee on Judiciary HJ-62
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, TO ENACT THE "CRIMES AGAINST UNBORN
CHILDREN ACT" BY ADDING SECTION 16-3-90 SO AS
TO CREATE OFFENSES AGAINST AN UNBORN CHILD OF
INTENTIONAL HOMICIDE, VOLUNTARY MANSLAUGHTER,
INVOLUNTARY MANSLAUGHTER, BATTERY, AND
AGGRAVATED BATTERY AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. This act may be cited as the "Crimes
Against Unborn Children Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 16-3-90. (A) For purposes of this section:
(1) `Unborn child' means an individual of the human
species from fertilization until birth.
(2) `Person' does not include the pregnant woman whose
unborn child is killed.
(3) `Abortion' means use of an instrument, medicine, drug,
or any other substance or device to terminate the pregnancy of a
woman known to be pregnant with an intention other than to
increase the probability of a live birth, to preserve the life or health
of the child after live birth, or to remove a dead fetus.
(B) A person commits the offense of intentional homicide of
an unborn child if, in performing acts which cause the death of an
unborn child, the person without lawful justification:
(1) intended to cause the death of or do great bodily harm
to the pregnant woman, her unborn child, or another;
(2) knew that such acts would cause death or great bodily
harm to the pregnant woman, her unborn child, or another;
(3) knew that such acts created a strong possibility of death
or great bodily harm to the pregnant woman, her unborn child, or
another.
(C) A person commits voluntary manslaughter of an unborn
child if the person kills the unborn child without lawful justification
and if at the time of the killing the person:
(1) is acting under a sudden and intense passion resulting
from reasonable provocation by another whom the offender
endeavors to kill, but the person negligently or accidentally causes
the death of the unborn child. Reasonable provocation is conduct
sufficient to excite an intense passion in a reasonable person;
(2) believes the circumstances to be such that, if they
existed, would justify or exonerate the killing, but the person's
belief is unreasonable.
(D) A person commits involuntary manslaughter of an unborn
child if the person unintentionally kills an unborn child without
lawful justification and if the person's acts, whether lawful or
unlawful, which cause the death are likely to cause death or great
bodily harm to some individual or an unborn child, and the person
performs such acts recklessly, except in cases in which the cause of
death consists of the driving of a motor vehicle, in which case the
person commits reckless homicide of an unborn child.
(E) A person commits battery of an unborn child if the person
intentionally or knowingly without legal justification and by any
means causes bodily harm to an unborn child.
(F) A person commits aggravated battery of an unborn child
if the person in committing battery of an unborn child, as provided
for in subsection (E), intentionally or knowingly causes great bodily
harm or permanent disability or disfigurement to the unborn child.
(G) A person who is convicted of or who pleads guilty or
nolo contendere to:
(1) intentional homicide of an unborn child, pursuant to
subsection (B), is guilty of a felony and must be imprisoned for life
and is not eligible for parole until twenty years;
(2) voluntary manslaughter of an unborn child, pursuant to
subsection (C), is guilty of a felony and must be imprisoned not
more than twenty years;
(3) involuntary manslaughter of an unborn child, pursuant
to subsection (D), is guilty of a felony and must be imprisoned not
more than fifteen years;
(4) reckless homicide of an unborn child, pursuant to
subsection (D), is guilty of a felony and must be imprisoned not
more than ten years.
(5) battery of an unborn child, pursuant to subsection (E),
is guilty of a misdemeanor and must be imprisoned not more than
two years;
(6) aggravated battery of an unborn child, pursuant to
subsection (F), is guilty of a felony and must be imprisoned not
more than five years.
(H) This section must not be construed to prohibit the
prosecution of a person under any other provision of law and may
not be construed to preclude a civil cause of action where one
exists.
(I) This section does not apply to acts which cause the death
of an unborn child if those acts were committed during an abortion,
lawful or unlawful, for which the pregnant woman has consented.
This section does not apply to acts which are committed pursuant to
usual and customary standards of medical practice during diagnostic
testing or therapeutic treatment."
SECTION 3. This act takes effect upon approval by the
Governor.
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