Page:Title 3 CFR 2007 Compilation.djvu/211

 Executive Orders EO 13430 (b) the accused intended to cause the death of, or bodily iniury to, the unborn child. (3) The offense of "attempting to kill an unborn child" requires that the accused intended by his conduct to cause the death of the unborn child (See paragraph b(3)(c) above). (4) Bodily injmy. For the purpose of this offense, the term "bodily in- iury" is that which is provided by section 1365 of title 18, to wit: a cut, abrasion, bruise, burn, or disfigurement; physical pain; illness; impair- ment of the function of a bodily member, organ, or mental faculty; or any other iniury to the body, no matter how temporary. (5) Unborn child. "Unborn child" means a child in utero or a member of the species homo saplens who is carried in the womb, at any stage of development, from conception to birth. d. Lesser included ofl\177nses. (\177) Killing an unborn child. Article 119a--injuring an unborn child (2) Intentionully killing un unborn child. (a) Artic]e ll9a--ki]]ing an unborn chi]d (b) Artic]e ll9a--iniuring an unborn chi]d (c) Artic]e ll9a--attempts (attempting to ki]] an unborn chi]d) e. Muximum punishment. The maximum punishment for (1) Injuring un unborn child; (2) Killing un unborn child; (3) Attempting to kill un unborn child; or (4) Intentionully killing un unborn child is such punishment, other than death, as a court- martiM may direct, but sha]] be consistent with the punishment had the bodi]y iniury, death, attempt to ki]], or intentiona] ki]]ing occurred to the unborn chi]d's mother. f. Sample specifications. (\177) Injuring an unborn child. In that (persona] jurisdiction data), did (at/on board--]ocation), (subject-matter jurisdic- tion data, if required), on or about 20, cause bodi]y injury to the unborn chi]d of, a pregnant woman, by engaging in the [(murder) (vo]untary mans]aughter) (invo]untary mans]aughter) (rape) (robbery) (maiming) (assau]t) of] [(burning) (setting afire) of (a dwe]]ing inhabited by) (a structure or property known to (be occupied by) (be]ong to))] that woman. (2) Killing un unborn child. In that (persona] jurisdiction data), did (at/on board--]ocation), (subject-matter jurisdic- tion data, if required), on or about 20, cause the death of the unborn chi]d of, a pregnant woman, by engaging in the [(murder) (vo]untary mans]aughter) (invo]untary mans]aughter) (rape) (robbery) (maiming) (assau]t) of] [(burning) (setting afire) of (a dwe]]ing inhabited by) (a structure or property known to (be occupied by) (be]ong to))] that woman. (3) Attempting to kill un unborn child.

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