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§ 2-103. Viable fetuses

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2013

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 2. Homicide
Subtitle 1. General Provisions
Effective: October 1, 2013
MD Code, Criminal Law, § 2-103
§ 2-103. Viable fetuses
Currentness
Viable defined
(a) For purposes of a prosecution under this title, “viable” has the meaning stated in § 20-209 of the Health--General Article.
Murder or manslaughter of viable fetus
(b) Except as provided in subsections (d) through (f) of this section, a prosecution may be instituted for murder or manslaughter of a viable fetus.
Intent
(c) A person prosecuted for murder or manslaughter as provided in subsection (b) of this section must have:
(1) intended to cause the death of the viable fetus;
(2) intended to cause serious physical injury to the viable fetus; or
(3) wantonly or recklessly disregarded the likelihood that the person's actions would cause the death of or serious physical injury to the viable fetus.
Right to terminate pregnancy
(d) Nothing in this section applies to or infringes on a woman's right to terminate a pregnancy as stated in § 20-209 of the Health--General Article.
Liability of medical professionals
(e) Nothing in this section subjects a physician or other licensed medical professional to liability for fetal death that occurs in the course of administering lawful medical care.
Act or failure to act of pregnant woman
(f) Nothing in this section applies to an act or failure to act of a pregnant woman with regard to her own fetus.
Personhood or rights of fetus
(g) Nothing in this section shall be construed to confer personhood or any rights on the fetus.
Repealed
(h) Repealed by Acts 2013, c. 156, § 3, eff. Oct. 1, 2013.

Credits

Added by Acts 2005, c. 546, § 1, eff. Oct. 1, 2005. Amended by Acts 2005, c. 25, § 13, eff. April 12, 2005; Acts 2013, c. 156, § 3, eff. Oct. 1, 2013.
MD Code, Criminal Law, § 2-103, MD CRIM LAW § 2-103
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document