§ 76-5-201 — Criminal homicide -- Designations of offenses -- Exceptions -- Application of consensual altercation defense.

(1) (1)(a) As used in this section:
(1)(a)(i) "Abortion" means the same as that term is defined in Section 76-7-301.
(1)(a)(ii) "Criminal homicide" means an act causing the death of another human being, including an unborn child at any stage of the unborn child's development.
(1)(b) The terms defined in Section 76-1-101.5 apply to this section.
(2) The following are criminal homicide:
(2)(a) aggravated murder;
(2)(b) murder;
(2)(c) manslaughter;
(2)(d) child abuse homicide;
(2)(e) homicide by assault;
(2)(f) negligent homicide; and
(2)(g) automobile homicide.
(3) Notwithstanding Subsection (2), an actor is not guilty of criminal homicide if:
(3)(a) the death of an unborn child is caused by an abortion;
(3)(b) the sole reason for the death of an unborn child is that the actor:
(3)(b)(i) refused to consent to:
(3)(b)(i)(A) medical treatment; or
(3)(b)(i)(B) a cesarean section; or
(3)(b)(ii) failed to follow medical advice; or
(3)(c) a woman causes the death of her own unborn child, and the death:
(3)(c)(i) is caused by a criminally negligent act or reckless act of the woman; and
(3)(c)(ii) is not caused by an intentional or knowing act of the woman.
(4) The provisions governing a defense of a consensual altercation as described in Section 76-5-104 apply to this part.

Legislative History

Amended by Chapter 153, 2024 General Session