UNBORN VICTIMS OF VIOLENCE
Sponsors:  Sen. Maltese / A. Brown   A. Benjamin
Bill # S.2515 / # A.10217 (Same As)       A.10810

Under current law in New York State, if an unborn child is killed or injured as a result of actions taken against a pregnant mother, the offender can not be held criminally responsible for the harm caused to the child victim unless he or she is born alive.

This legislation, which NYSRTL supports, would close the existing loophole by providing that those who kill or injure an unborn child in New York at any stage of gestation may be held criminally responsible.  Twenty-two other states have statutes imposing criminal liability for the homicide of an unborn child at any stage of gestation.  Note:  There is a federal Unborn Victims of Violence law, but it applies only to federal crimes.  Most crimes of violence and assault in New York are state criminal acts.

 
The New York Unborn Victims of Violence legislation would add a new section 120.45 to the Penal Law to provide that a person including an unborn child in any stage of gestation may be the victim of: assault in the first, second or third degree; vehicular assault in the first or second degree; or aggravated assault upon a person less than 11 years old.