Indiana Statutes

§ 35-41-3-12 — Defense to crime involving the death of or injury to a fetus; exceptions

Indiana·Art. 41 SUBSTANTIVE CRIMINAL PROVISIONS·Ch. 3 Defenses Relating to Culpability
(a)It is a defense to any crime involving the death of or injury to a fetus that the defendant was a pregnant woman who committed the unlawful act with the intent to terminate her pregnancy.
(b)Except as provided in subsection (c), it is a defense to any crime involving the death of or injury to a fetus that the mother of the fetus requested that the defendant terminate her pregnancy, and that the death or injury to the fetus was the result of the defendant's termination or attempted termination of her pregnancy.
(c)Subsection (b) is not a defense to:
(1)performing an unlawful abortion under IC 16-34-2-7; or
(2)feticide (IC 35-42-1-6).

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Indiana § 35-41-3-12 (Defense to crime involving the death of or injury to a fetus; exceptions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

As added by P.L.179-2022(ss), SEC.48.

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