Adds new Article 6A to GS Chapter 14, titled Unborn Victims, specifying crimes against an unborn child, defined as a human carried in the womb. Makes it murder to cause the death of an unborn child willfully and maliciously, through a reckless and wanton disregard for life, or while perpetrating or attempting acts defined as a Class A felony if a person is killed. Requires life imprisonment without parole as punishment. Makes it voluntary manslaughter to cause the death of an unborn child by an act that would be voluntary manslaughter if it resulted in the mother’s death, punishable as a Class D felony. Makes it involuntary manslaughter to cause the death of an unborn child by an act that would be involuntary manslaughter if it resulted in the mother’s death, punishable as a Class F felony. Makes it an assault on an unborn child punishable as a Class F felony to inflict serious bodily harm upon an unborn child who is later born alive by a battery of the child’s mother. Defines serious bodily harm. Makes it an assault on an unborn child to commit an assault, assault and battery, or affray upon a pregnant woman, punishable as a Class H felony. Exempts abortions that are lawful under GS 14-45.1, customary diagnostic or therapeutic medical acts, and acts by a pregnant woman that result in miscarriage or stillbirth, as defined. Provides that with the exception of an act in which a person causes the death of an unborn child by willfully and maliciously committing an act intending to cause the death of the unborn child, an offense under the proposed article does not require proof that (1) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant or (2) the defendant intended to cause the death of, or bodily injury to, the unborn child.
Repeals GS 14-18.2 (injury to a pregnant woman).
States that the act will not be construed to impose criminal liability on an expectant mother who is the victim of domestic violence. Includes a severability clause.
Effective July 1, 2011, and applies to offenses committed on or after that date.