Alabama: Legislation taking effect July 1, 2006 (HB 19) amended Section 13A-6-1 of the Code of Alabama to include “an unborn child in utero at any stage of development, regardless of viability” as a “person” and “human being” for purposes of the state laws dealing with murder, manslaughter, criminally negligent homicide, and assault.
Alaska: Alaska Statutes 11.41 (as amended by Senate Bill 20, enacted June 16, 2006) establishes the crimes of “murder of an unborn child,” “manslaughter of an unborn child,” “criminally negligent homicide of an unborn child,” and “assault of an unborn child.” Alaska Statutes 11.81.900(b) defines “unborn child” as “a member of species Homo sapiens, at any stage of development, who is carried in the womb.”
Arizona: The “unborn child in the womb at any stage of its development” is fully covered by the state’s murder and manslaughter statutes. For purposes of establishing the level of punishment, a victim who is “an unborn child shall be treated like a minor who is under twelve years of age.” Senate Bill 1052, signed into law on April 25, 2005, amending the following sections of the Arizona Revised Statutes: 13-604, 13-604.01, 13-703, 13-1102, 13-1103, 13-1104, 13-1105, 13-4062, 31-412, 41-1604.11 and 41-1604.13.
Arkansas: Effective in August, 2013, the killing of an “unborn child” is capital murder, murder in the first degree, murder in the second degree, manslaughter, or negligent homicide. Ark. Stat. Ann. § 5-1-102(13)(b)(i)(a), read with Ark. Stat. Ann. §§ 5-10-101 to 5-10-105. (A separate Arkansas law makes it a battery to cause injury to a woman during a Class A misdemeanor to cause her to undergo a miscarriage or stillbirth, or to cause injury under conditions manifesting extreme indifference to human life and that results in a miscarriage or stillbirth. Ark. Stat. Ann. § 5-13-201 (a)(5)(a).) Until August, 2013, “unborn child” was defined as a fetus of 12 weeks or older, but Act 1032 of the 2013 Regular Session (SB 417) changed the definition to “offspring of human beings from conception until birth.”
Florida: The “Florida Unborn Victims of Violence Act,” effective October 1, 2014, provides that generally, any person who while committing a crime “causes the death of, or bodily injury to, an unborn child commits a separate offense,” and that the punishment “is the same as the punishment provided . . . had the injury or death occurred to the mother of the unborn child,” except that the death penalty may not be imposed. The law defines “unborn child” as “a member of the species homo sapiens, at any stage of development, who is carried in the womb.” Florida Statutes section 775.021 (5).