Indiana Code 35-41-3-12. Defense to crime involving the death of or injury to a fetus; exceptions
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Sec. 12. (a) It is a defense to any crime involving the death of or injury to a fetus that the defendant was a pregnant woman who committed the unlawful act with the intent to terminate her pregnancy.
(c) Subsection (b) is not a defense to:
(b) Except as provided in subsection (c), it is a defense to any crime involving the death of or injury to a fetus that the mother of the fetus requested that the defendant terminate her pregnancy, and that the death or injury to the fetus was the result of the defendant’s termination or attempted termination of her pregnancy.
Terms Used In Indiana Code 35-41-3-12
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(1) performing an unlawful abortion under IC 16-34-2-7; or
(2) feticide (IC 35-42-1-6).
As added by P.L.179-2022(ss), SEC.48.