Illinois Compiled Statutes 720 ILCS 5/9-1.2 – Intentional homicide of an unborn child
Current as of: 2024 | Check for updates
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(a) A person commits the offense of intentional homicide of an unborn child if, in performing acts which cause the death of an unborn child, he without lawful justification:
(1) either intended to cause the death of or do great
(1) either intended to cause the death of or do great
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bodily harm to the pregnant individual or unborn child or knew that such acts would cause death or great bodily harm to the pregnant individual or unborn child; or
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(2) knew that his acts created a strong probability
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of death or great bodily harm to the pregnant individual or unborn child; and
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(3) knew that the individual was pregnant.
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-20
(b) For purposes of this Section, (1) “unborn child” shall mean any individual of the human species from the implantation of an embryo until birth, and (2) “person” shall not include the pregnant woman whose unborn child is killed.
(c) This Section shall not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, as defined in § 1-10 of the Reproductive Health Act, to which the pregnant individual has consented. This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
(d) Penalty. The sentence for intentional homicide of an unborn child shall be the same as for first degree murder, except that:
(1) (blank);
(2) if the person committed the offense while armed
Attorney's Note
Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| First-degree murder | 20 years to life | up to $25,000 |
Terms Used In Illinois Compiled Statutes 720 ILCS 5/9-1.2
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
(b) For purposes of this Section, (1) “unborn child” shall mean any individual of the human species from the implantation of an embryo until birth, and (2) “person” shall not include the pregnant woman whose unborn child is killed.
(c) This Section shall not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, as defined in § 1-10 of the Reproductive Health Act, to which the pregnant individual has consented. This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
(d) Penalty. The sentence for intentional homicide of an unborn child shall be the same as for first degree murder, except that:
(1) (blank);
(2) if the person committed the offense while armed
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with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
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(3) if, during the commission of the offense, the
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person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
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(4) if, during the commission of the offense, the
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person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
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(e) The provisions of this Act shall not be construed to prohibit the prosecution of any person under any other provision of law.