A. A person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child.

Terms Used In Arizona Laws 13-1102

  • Act: means a bodily movement. See Arizona Laws 13-105
  • Criminal negligence: means , with respect to a result or to a circumstance described by a statute defining an offense, that a person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. See Arizona Laws 13-105
  • Homicide: means first degree murder, second degree murder, manslaughter or negligent homicide. See Arizona Laws 13-1101
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Person: means a human being. See Arizona Laws 13-1101

B. An offense under this section applies to an unborn child in the womb at any stage of its development.  A person may not be prosecuted under this section if any of the following applies:

1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman’s behalf, has been obtained or for which the consent was implied or authorized by law.

2. The person was performing medical treatment on the pregnant woman or the pregnant woman’s unborn child.

3. The person was the unborn child’s mother.

C. Negligent homicide is a class 4 felony.