76-5-201. Criminal homicide -- Designations of offenses -- Exceptions -- Application of consensual altercation defense.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(a)As used in this section:

(i)"Abortion" means the same as that term is defined in Section 76-7-301 .

(ii)"Criminal homicide" means an act causing the death of another human being, including an unborn child at any stage of the unborn child's development.

(b)The terms defined in Section 76-1-101.5 apply to this section.

(2)The following are criminal homicide:

(a)aggravated murder;

(b)murder;

(c)manslaughter;

(d)child abuse homicide;

(e)homicide by assault;

(f)negligent homicide; and

(g)automobile homicide.

(3)Notwithstanding Subsection (2), an actor is not guilty of criminal homicide if:

(a)the death of an unborn child is caused by an abortion;

(b)the sole reason for the death of an unborn child is that the actor:

(i)refused to consent to:

(A)medical treatment; or

(B)a cesarean section; or

(ii)failed to follow medical advice; or

(c)a woman causes the death of her own unborn child, and the death:

(i)is caused by a criminally negligent act or reckless act of the woman; and

(ii)is not caused by an intentional or knowing act of the woman.

(4)The provisions governing a defense of a consensual altercation as described in Section 76-5-104 apply to this part.

Amended by Chapter 153 , 2024 General Session