Wrong. Damo is right it varies by jurisdiction and California has tended toward allowing murder to encompass a fetus.
See: Keeler v. Superior Court of Amador County (SC of CA, 1970). 2 Cal.3d 619, 87 Cal.Rptr. 481, 470 P.2d 617
The rule for most states is that the fetus must exit the woman's body and survive independently only its own for at least a moment.
*sigh*
I wasn't claiming it WAS treated as unconstitutional, I am well aware it is not: case in point, scott peterson being charged and convicted of murder of his wife and unborn child.
I am saying it should be. This should have been rather obvious