Page:Title 3 CFR 2007 Compilation.djvu/209

 Executive Orders EO 13430 (i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or (ii) the accused intended to cause the death of, or bodily injury to, the unborn child. (3) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall, instead of being pun- ished under paragraph (1), be punished as provided under sections 880, 918, and 919(a) of this title (articles 80, 118, and 119(a)) for intentionally killing or attempting to kill a human being. (4) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. (b) The provisions referred to in subsection (a) are sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title (articles 118, 119(a), 119(b)(2), 120(a), 122,124, 126, and 128). (c) Nothing in this section shall be construed to permit the prosecution (1) of any person authorized by state or federal law to perform abortions for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been ob- tained or for which such consent is implied by law; (2) of any person for any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child. (d) As used in this section, the term "unborn child" means a child in utero, and the term "child in utero" or "child who is in utero" means a member of the species homo saplens, at any stage of development, who is carried in the womb. b. Elements. (1) Injuring un unborn child. (a) That the accused was engaged in the [(murder (artic]e 118)), (vo]- untary manslaughter (article 119(a))), (involuntary manslaughter (article 119(b)(2))), (rape (article 120)), (robbery (article 122)), (maiming (article 124)), (assault (article 128)), of] or [burning or setting afire, as arson (arti- cle 126), of (a dwelling inhabited by) (a structure or property (known to be occupied by) (belonging to))] a woman; (b) That the woman was then pregnant; and (c) That the accused thereby caused bodily injury to the unborn child of that woman. (2) Killing an unborn child. (a) That the accused was engaged in the [(murder (article 118)), (vol- untary manslaughter (article 119(a))), (involuntary manslaughter (article 119(b)(2))), (rape (article 120)), (robbery (article 122)), (maiming (article 124)), (assault (article 128)), of] or [burning or setting afire, as arson (arti- cle 126), of (a dwelling inhabited by) (a structure or property known to (be occupied by) (belong to))] a woman; (b) That the woman was then pregnant; and 209

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