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§ 97-3-37. Homicide; Killing Of An Unborn Child; "Human Being" Includes Unborn Child At Every Stage Of Gestation From Conception Until Live Birth For Purposes Of Offenses Of Assault And Homicide; "Unborn Child" Defined; Intentional Injury To Pregnant Woman; Penalties; Provisions Of Section Not Applicable To Legal Medical Procedures, Including Abortion

(1) For purposes of the offenses enumerated in this subsection (1), the term "human being" includes an unborn child at every stage of gestation from conception until live birth and the term "unborn child" means a member of the species homo sapiens, at any stage of development, who is carried in the womb:

(a) Section 97-3-7, simple and aggravated assault and domestic violence;

(b) Section 97-3-15, justifiable homicide;

(c) Section 97-3-17, excusable homicide;

(d) Section 97-3-19, murder, capital murder;

(e) Section 97-3-27, homicide while committing a felony;

(f) Section 97-3-29, homicide while committing a misdemeanor;

(g) Section 97-3-33, killing a trespasser unnecessarily;

(h) Section 97-3-35, killing without malice in the heat of passion;

(i) Section 97-3-45, homicide by means of a dangerous animal;

(j) Section 97-3-47, all other homicides;

(k) Section 97-3-61, poisoning with intent to kill or injure.

(2) A person who intentionally injures a pregnant woman is guilty of a crime as follows:

(a) If the conduct results in a miscarriage or stillbirth by that individual, a felony punishable by imprisonment for not more than twenty (20) years or a fine of not more than Seven Thousand Five Hundred Dollars ($ 7,500.00), or both.

(b) If the conduct results in serious physical injury to the embryo or fetus, a felony punishable by imprisonment for not more than twenty (20) years or a fine of not more than Five Thousand Dollars ($ 5,000.00), or both.

(c) If the conduct results in minor physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than six (6) months or a fine of not more than One Thousand Dollars ($ 1,000.00), or both.

(3) The provisions of this section shall not apply to any legal medical procedure performed by a licensed physician or other licensed medical professional, including legal abortions, when done at the request of a mother of an unborn child or the mother's legal guardian, or to the lawful dispensing or administration of lawfully prescribed medication.

(4) Nothing contained in this section shall be construed to prohibit prosecution of an offender pursuant to the provisions of any other applicable statute. SOURCES: Codes, Hutchinson's 1848, ch. 64, art. 12, Title 3 (8); 1857, ch. 64, art. 172; 1871, § 2635; 1880, § 2883; 1892, § 1156; 1906, § 1234; Hemingway's 1917, § 964; 1930, § 992; 1942, § 2222; Laws, 2000, ch. 337, § 1; Laws, 2004, ch. 515, § 3; Laws, 2004, ch. 521, § 1; Laws, 2011, ch. 307, § 1, eff from and after July 1, 2011.

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Local Government
Phil Bryant
Phil Bryant
January 10, 2012 -
200 South Lamar, Suite 800, Jackson, MS, 39201