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The Unborn Victims of Violence Act (CRS Report for Congress)

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Release Date Revised Jan. 24, 2007
Report Number RS21550
Report Type Report
Authors Jon O. Shimabukuro, American Law Division
Source Agency Congressional Research Service
Older Revisions
  • Premium   Revised May 21, 2004 (6 pages, $24.95) add
  • Premium   Revised Feb. 23, 2004 (6 pages, $24.95) add
  • Premium   June 17, 2003 (6 pages, $24.95) add
Summary:

The Unborn Victims of Violence Act (P.L. 108-212) establishes a separate offense for harming or killing an "unborn child" in utero during the commission of specified violent crimes. This report examines the act's provisions, and reviews similar state laws that criminalize the killing of a fetus or unborn child. The report also discusses selected cases that have considered the constitutionality of state fetal homicide and unborn child homicide statutes. These cases provide some guidance as to how a reviewing court may consider a future case involving the legitimacy of the act.