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ROBERT L. EHRLICH, JR., Governor Ch. 546
Article - Criminal Law
2-103.
(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 (C) AND (D) (D) THROUGH (F) OF
THIS SECTION, A PROSECUTION MAY BE INSTITUTED FOR MURDER, MANSLAUGHTER,
OR UNLAWFUL HOMICIDE OF A FETUS, WHETHER AT COMMON LAW OR UNDER THIS
TITLE, FOR AN ACT OR OMISSION FAILURE TO ACT THAT;
(1) OCCURRED WHILE THE VICTIM FETUS WAS A VIABLE FETUS: AND
(2) CAUSED THE DEATH OF THE VICTIM VIABLE FETUS MURDER OR
MANSLAUGHTER OF A VIABLE FETUS.
(C) A PERSON PROSECUTED FOR MURDER, MANSLAUGHTER, OR UNLAWFUL
HOMICIDE MURDER OR MANSLAUGHTER AS PROVIDED IN SUBSECTION (B) OF THIS
SECTION MUST HAVE:
(1) INTENDED TO CAUSE THE DEATH OF THE VIABLE FETUS OR
PREGNANT WOMAN;
(2) INTENDED TO CAUSE SERIOUS PHYSICAL INJURY TO THE VIABLE
FETUS OR PREGNANT WOMAN; OR
(3) WILLFULLY WANTONLY OR RECKLESSLY DISREGARDED THE
LIKELIHOOD THAT THE ACT OR FAILURE TO ACT THE PERSON'S ACTIONS WOULD
CAUSE THE DEATH OF OR SERIOUS PHYSICAL INJURY TO THE VIABLE FETUS OR THE
PREGNANT WOMAN.
(C) (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.
(D) NOTHING IN THIS SECTION SUBJECTS A PHYSICIAN TO PROSECUTION FOR
A DECISION TO PERFORM AN ABORTION 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 REASONABLE 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) THE COMMISSION OF FIRST DEGREE MURDER OF A VIABLE FETUS UNDER
THIS SECTION, IN CONJUNCTION WITH THE COMMISSION OF ANOTHER FIRST
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