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Current as of December 31, 2021 | Updated by FindLaw Staff
(a) For purposes of a prosecution under this title, “viable” has the meaning stated in § 20-209 of the Health--General Article.
(b) Except as provided in subsections (d) through (f) of this section, a prosecution may be instituted for murder or manslaughter of a viable fetus.
(c) A person prosecuted for murder or manslaughter as provided in subsection (b) of this section must have:
(1) intended to cause the death of the viable fetus;
(2) intended to cause serious physical injury to the viable fetus; or
(3) wantonly or recklessly disregarded the likelihood that the person's actions would cause the death of or serious physical injury to the viable fetus.
(d) Nothing in this section applies to or infringes on a woman's right to terminate a pregnancy as stated in § 20-209 of the Health--General Article.
(e) Nothing in this section subjects a physician or other licensed medical professional to liability for fetal death that occurs in the course of administering lawful medical care.
(f) Nothing in this section applies to an act or failure to act of a pregnant woman with regard to her own fetus.
(g) Nothing in this section shall be construed to confer personhood or any rights on the fetus.
(h) Repealed by Acts 2013, c. 156, § 3, eff. Oct. 1, 2013.
Cite this article: FindLaw.com - Maryland Code, Criminal Law § 2-103 - last updated December 31, 2021 | https://codes.findlaw.com/md/criminal-law/md-code-crim-law-sect-2-103/
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.
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