Accident Attorney

paul829201 asked:


OK, The question I asked earlier was how is abortion not considered murder but a person can be charged with murder if that person kills the mother which in turn kills the unborn child? Or if the person causes enough harm to the mother that the unborn child is killed the person will be charged with murder. Well i received some very interesting answers. Seems most did not know anymore than I did, please no one take offense to that, it’s not meant that way. But some answers were the pregnancy had to be in the advanced stages in order for a person to be charged with muder….NOT SO. I decided to do some digging on my own and I found the Unborn Victims of Violence Act 2004, written and enacted into law by the One Hundred Eighth Congress of the United States of America. I copied and pasted the entire bill here but I want to draw your attention to the last paragraph:

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 sapiens, at any stage of development who is carried in the womb.

It does state in this bill that Abortion is not covered. Uuum? Kind of oxymoronic isn’t it.

A couple of other answers I got was the mother decides if the child is a human being or not…hence whether or not to abort. SO this bill plainly states that an unborn child is a part of the homo sapiean race no matter what stage of development. How can the government call it murder in one instance and choice in another?

H.R.1997

One Hundred Eighth Congress
of the
United States of America

AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twentieth day of January, two thousand and four

An Act

To amend title 18, United States Code, and the Uniform Code of Military Justice to protect unborn children from assault and murder, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Unborn Victims of Violence Act of 2004′ or `Laci and Conner’s Law’.
SEC. 2. PROTECTION OF UNBORN CHILDREN.
(a) IN GENERAL- Title 18, United States Code, is amended by inserting after chapter 90 the following:
`CHAPTER 90A–PROTECTION OF UNBORN CHILDREN
`Sec.

`1841. Protection of unborn children.
`Sec. 1841. Protection of unborn children
`(a)(1) Whoever engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section.
`(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under Federal law for that conduct had that injury or death occurred to the unborn child’s mother.

`(B) An offense under this section does not require proof that–

`(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 defendant intended to cause the death of, or bodily injury to, the unborn child.

`(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A), be punished as provided under sections 1111, 1112, and 1113 of this title for intentionally killing or attempting to kill a human being.
`(D) 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 the following:

`(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1),
and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title.

`(2) Section 408(e) of the Controlled Substances Act of 1970 (21 U.S.C. 848(e)).

`(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283).

`(c) Nothing in this section shall be construed to permit the prosecution–

`(1) of any person 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 obtained 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’

http://www.nrlc.org/unborn_victims/UVVAEnrolled.html

Bunky, I am not judging, I was asking a question. I don’t believe in it but I am not judging women. My question is just plainly how can the government call it murder in one instance and not another. I cannot think of the name I am looking for but it is kinda like the government is CYOA.