(a) In a prosecution for the death of or injury to an individual who is an unborn child, the prosecution shall provide medical or other evidence that the mother of the individual was pregnant at the time of the alleged offense.
(b) For the purpose of this section, “individual” has the meaning assigned by § 1.07, Penal Code.

Terms Used In Texas Code of Criminal Procedure 38.40

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  Previous section
Next section  
 Chapter 38 Contents