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720 ILCS 5/12-3.1 – Battery of an Unborn Child; Aggravated Battery of an Unborn Child

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Posted by Christopher Combs on March 27, 2026

720 ILCS 5/12-3.1 – Battery of an Unborn Child; Aggravated Battery of an Unborn Child

This law makes it a crime to harm an unborn baby on purpose without a legal reason.

This Illinois law says that causing harm to an unborn baby on purpose is a crime. If the harm is serious, it becomes a more serious crime called aggravated battery. of an unborn child.

(a) A person breaks this law if they knowingly and without a legal reason cause injury to an unborn baby in any way.

(a-5) The crime becomes more serious, called aggravated battery of an unborn baby, if the person causes major injury, lasting damage, or disfigurement to the unborn baby.

(b) For this law:

  1. “Unborn child” means a human being from the time an embryo attaches to the mother until birth.
  2. “Person” does not include the pregnant woman whose unborn baby is hurt.

(c) Punishment: Battery of an unborn baby is a Class A misdemeanor. Aggravated battery of an unborn baby is a Class 2 felony.

(d) This law does not apply if the injury happens during a legal abortion that the pregnant woman agrees to, or during normal medical tests or treatments done by doctors.

View the full statute here.

Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.

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