Illinois Statutes Chapter 720. Criminal Offenses §-2.1.Voluntary Manslaughter of an Unborn Child

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

§ 9-2.1.  Voluntary Manslaughter of an Unborn Child.  (a) A person who kills an unborn child without lawful justification commits voluntary manslaughter of an unborn child if at the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by another whom the offender endeavors to kill, but he negligently or accidentally causes the death of the unborn child.

Serious provocation is conduct sufficient to excite an intense passion in a reasonable person.

(b) A person who intentionally or knowingly kills an unborn child commits voluntary manslaughter of an unborn child if at the time of the killing he believes the circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his belief is unreasonable.

(c) Sentence.  Voluntary Manslaughter of an unborn child is a Class 1 felony.

(d) For purposes of this Section, (1) “unborn child” shall mean any individual of the human species from fertilization until birth, and (2) “person” shall not include the pregnant woman whose unborn child is killed.

(e) This Section shall not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, as defined in Section 2 of the Illinois Abortion Law of 1975, as amended,  1 to which the pregnant woman has consented.  This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.

1 720 ILCS 510/2.

Cite this article: FindLaw.com - Illinois Statutes Chapter 720. Criminal Offenses §-2.1.Voluntary Manslaughter of an Unborn Child - last updated January 01, 2019 | https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-9-2-1.html


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard