45-5-116. Harm to fetus of another -- exceptions.
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/mt/title-45/chapter-5/part-1/45-5-116·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
45-5-116 . Harm to fetus of another -- exceptions.
(1)A prosecution for a violation of 45-5-102 or 45-5-103 with regard to the death of a fetus of another may not be brought against:
(a)a person for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized by law to act on her behalf has been obtained or for which the consent is implied by law;
(b)a person for any medical treatment of the pregnant woman or her fetus; or
(c)a woman with respect to her fetus.
(2)A prosecution for or conviction of an offense under 45-5-102 or 45-5-103 is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.
(3)As used in 45-5-102 , 45-5-103 , and this section, "fetus" means an organism of the species Homo sapiens from 8 weeks of development until complete expulsion or extraction from a woman's body.