Really Virginia?

twhy77 · Dec 22, 2009

SamFisher said:

I think that might exactly be it - fetal murder has to be a third party murderer.

But reading the partial birth statute, I cant' think of any reason why a fact pattern as alleged here couldn't result in a prosecution of the mother absent some quirk of statutory interpretation that I am missing. Still a very serious offensse (class 4 felony), though not as serious as fetal murder (class 2 felony)
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Yeah, it clearly violates the partial birth abortion statute. Fetal homicide laws are tricky though, and I can see how a sheriff might think he couldn't prosecute. The only fact that might make a difference is if she was pre-term.

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Really Virginia?

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