So I'm trying to get my head around fetal homicide, feticide. Someone help me understand this. A common argument to make abortion illegal is people say that these laws prove it's murder. ...
The feticide laws and or or the UVVA ( unborn victims of violence act ) reconize abortion is legal.
The law only takes affect if an unborn was killed during a crime against the pregnant woman.
When an unborn is killed during an attack on the woman feticide laws may be used against the attacker.
Although many think murder charges are being brought against the attacker...the fact is the attacker is actually charged with violating the feticide law or the UVVA.
It is important to understand that the UVVA or state feticide laws and Roe vs Wade are not conflicting laws.
Roe v Wade is a SC decision that held that state abortion laws violate the Due process clause in the fourteenth amendment,
which protects individuals against state action that infringes on their privacy.
The UVVA and state feticide laws passed under Roe vs Wade because it explicitly identified "abortion' is an activity that can't be prosecuted when the abortion is obtained with the consent of the pregnant woman or individual authorized to act on her behalf.
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The feticide laws apply only when a crime against the woman was made.
There is no charge during a legal abortion if the woman or her legal representive consented to the abortion because elective abortion is legal under both feticide laws and the UVVA.
All state feticide laws have a clause specifing that nothing in the act shall make it a crime to perform or obtain an abortion that is otherwise legal.
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People who violate UVVA are not charged with murder. They are charged with violating UVVA
And the UVVA defines the feticide as ""intentionally killing or attempting to kill an "unborn child in utero".
In the recent Florida case where the man gave his girlfriend abortion pills and told her they were antibiotics was charged with violating the UVVA.
He was not charged with murder.
He was charged with intentionally causing the death of " and intentionally attempted to kill and did kill,
the unborn child in utero of R.L.
In violation of Title 18, United States Code, Sections 1841 and 1111 ( a )."