North Carolina General Statutes 14-23.2. Murder of an unborn child; penalty
(a) A person who unlawfully causes the death of an unborn child is guilty of the separate offense of murder of an unborn child if the person does any one of the following:
(1) Willfully and maliciously commits an act with the intent to cause the death of the unborn child.
(2) Causes the death of the unborn child in perpetration or attempted perpetration of any of the criminal offenses set forth under N.C. Gen. Stat. § 14-17
(3) Commits an act causing the death of the unborn child that is inherently dangerous to human life and is done so recklessly and wantonly that it reflects disregard of life.
(b) Penalty. – An offense under:
(1) Subdivision (a)(1) or (a)(2) of this section shall be a Class A felony, and any person who commits such offense shall be punished with imprisonment in the State‘s prison for life without parole.
(2) Subdivision (a)(3) of this section shall be subject to the same sentence as if the person had been convicted of second degree murder pursuant to N.C. Gen. Stat. § 14-17 ?(2011-60, s. 2.)
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | up to life |
Terms Used In North Carolina General Statutes 14-23.2
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- unborn child: means a member of the species homo sapiens, at any stage of development, who is carried in the womb. See North Carolina General Statutes 14-23.1