720 ILCS 5/9-1.2 – Intentional Homicide of an Unborn Child
This law makes it a serious crime to purposely cause the death of an unborn baby, except in legal medical situations.
This Illinois law says that if someone knowingly or intentionally causes the death of an unborn child without a legal reason, it is treated like first-degree murder. The law also includes specific rules for what counts as the crime and adds extra prison time if a firearm is used.
(a) A person commits intentional homicide of an unborn child if they:
- Knowingly do something that causes the unborn baby’s death without a lawful reason,
- Intended to seriously hurt or kill the pregnant person/the unborn child, or
- knew their actions could cause serious harm to a person, and knew that the person was pregnant.
(b) In this law, “unborn child” means any human from the time an embryo implants in the womb until birth. A pregnant woman cannot be charged under this law for the death of her own unborn child.
(c) This law does not apply to deaths that happen during an abortion that the pregnant person consents to, as defined by the Reproductive Health Act. It also does not apply to standard medical care done for tests or treatments.
(d) The punishment for this crime is the same as for first-degree murder. If the person used or fired a gun, extra prison time is added:
- 15 extra years if the person was armed with a gun.
- 20 extra years if the person fired the gun.
- 25 years to life if firing the gun caused serious injury or death.
(e) This law does not stop the state from charging someone for other crimes, as applicable.
Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.
