720 ILCS 5/9-3.2 – Involuntary Manslaughter and Reckless Homicide of an Unborn Child
This law makes it a crime to unintentionally cause the death of an unborn child by acting recklessly.
This Illinois law says that if someone accidentally causes the death of an unborn child by being reckless, they can be charged with a serious crime. The penalties and definitions depend on the situation, such as whether the death was caused by driving or another act.
(a) A person commits involuntary manslaughter of an unborn child if they act in a reckless way that causes the unborn child’s death without meaning to and without any legal reason to do so. If the death happens because the person was driving a vehicle, it is called reckless homicide of an unborn child.
(b) Sentence.
- Involuntary manslaughter of an unborn child is a Class 3 felony.
- Reckless homicide of an unborn child is a Class 3 felony.
(c) In this law, an “unborn child” means a human being from the time an embryo attaches inside the womb until birth. The word “person” does not include the pregnant woman whose unborn child was killed.
(d) This law does not apply if the unborn child’s death happened during an abortion that the pregnant woman agreed to, or if it happened during normal medical care, testing, or treatment.
(e) This law does not stop the government from bringing other criminal charges or someone from filing a civil lawsuit for the same actions.
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