Indiana Statutes

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

Indiana § 35-41-3-12
JurisdictionIndiana
Art. 41SUBSTANTIVE CRIMINAL PROVISIONS
Ch. 3Defenses Relating to Culpability

This text of Indiana § 35-41-3-12 (Defense to crime involving the death of or injury to a fetus; exceptions) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ind. Code § 35-41-3-12 (2026).

Text

(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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Legislative History

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

Nearby Sections

15
§ 35-31.5-1-1
Applicability
§ 35-31.5-2-1
"Abandon"
§ 35-31.5-2-1.5
"Abuse"
§ 35-31.5-2-1.7
"Abusive head trauma"
§ 35-31.5-2-10
"Advisory sentence"
§ 35-31.5-2-10.5
"Affiant"
§ 35-31.5-2-100
"Distribute"
§ 35-31.5-2-101
"Distributor"
§ 35-31.5-2-102
"Documentary material"
§ 35-31.5-2-103
"Domestic animal"
§ 35-31.5-2-104
"Drug"
§ 35-31.5-2-105
"Drug abuser"
§ 35-31.5-2-105.5
"Drug crime"
§ 35-31.5-2-107
"Dwelling"
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Bluebook (online)
Indiana § 35-41-3-12, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/35-41-3-12.