New Jersey Motherhood Violence Act (A 2855)
This law was last updated on Feb 5, 2018
A 2855 would create the offense of fetal homicide. Under this bill, the death of the “unborn child” would constitute a separate count of murder, independent of charges related to the death of or injury to the pregnant person.
A 2855 provides that a person would be guilty of the crime of fetal homicide if he purposely or knowingly causes the death of an “unborn child,” or purposely or knowingly causes serious bodily injury to the victim resulting in the death of their “unborn child.”
The bill defines the term “unborn child” as “an individual at any stage of development from fertilization until birth.”
A person found guilty of fetal homicide would face a sentence of 20 years without parole.
The bill would not apply to a person who commits an act which results in the death of an “unborn child” under any of the following circumstances:
- The act was committed pursuant to usual and customary standards of medical practice during a diagnostic testing or therapeutic treatment; or
- The act was solicited, aided or consented to by the pregnant person.