If a woman who is known to be pregnant is slain in an act of violence, isn't the perp charged with the death of the baby? Pro-lifers would like to have it both ways...
http://crime.about.com/od/issues/a/fetalhomicide.htm
In Missouri and 17 other states, the laws recognize a fetus as living at the time of conception. On April 1, 2004, President Bush signed into law the Unborn Victims of Violence Act, also known as "Laci and Conner's Law." The new law states that any "child in utero" is considered to be a legal victim if injured or killed during the commission of a federal crime of violence. The bills definition of "child in utero" is "a member of the species homo sapiens, at any stage of development, who is carried in the womb."
Although this was a great victory for anti-abortion groups, they are still fighting to change the law in states that have remained inactive on this issue.
"The great majority of violent crimes are governed by state law, not federal law, so it is absolutely necessary for each state to also enact and enforce a comprehensive unborn victims law," explained Mary Spaulding Balch, NRLC state legislative director.
Veronica Jane Thornsbury
Kentucky is one of the latest states to recognize "fetal homicide" as a crime. Since February 2004, Kentucky law recognizes a crime of "fetal homicide" in the first, second, third, and fourth degrees. The law defines an "unborn child," as "a member of the species homo sapiens in utero from conception onward, without regard to age, health, or condition of dependency."
This came after the March 2001 tragedy involving 22-year-old Veronica Jane Thornsbury who was in labor and on her way to the hospital when a driver, under the influence of drugs, Charles Christopher Morris, 29, ran a red light and smashed into Thornsbury car and killed her. The fetus was stillborn.
The drugged driver was prosecuted on for the murder of both the mother and the fetus. However, because her baby was not born, state Court of Appeals overturned a guilty plea in the death of the fetus.
Judge John Miller was quoted as saying, at that time, "We view the born-alive rule as providing a cogent and well-defined legal criterion which has existed as common law in this commonwealth for more than half a century."
"I just don't think it's fair that people can sit up in their high place and decide she's not a baby," Teena Justice said as quoted by the Lexington Herald. "I saw my daughter's first child during an ultrasound when she was 7 months pregnant and he was sucking his thumb. How was something that's not a something sucking its thumb?"
Currently, 30 states recognize the unlawful killing of an unborn child as homicide in at least some circumstances.