Chapter 17

9 GCA CRIMES AND CORRECTIONS CH. 17 UNBORN VICTIMS OF VIOLENCE ACT 1 CHAPTER 17 UNBORN VICTIMS OF VIOLENCE ACT SOURCE: Entire chapter added by P.L. 33-132 (Mar. 4, 2016) as 9 GCA Chapter 20. Codified to this chapter, and renumber ed to adhere to the Compiler’s general codification and alpha-numeric s chemes pursuant to 1 GCA § 1606. § 17.01. Title. § 17.02. Legislative Statement and Intent. § 17.03. Definitions. § 17.04. Application. § 17.05. Murder of an Unborn Child. § 17.06. Manslaughter of an Unborn Child. § 17.07. Aggravated Assault of an Unborn Child. § 17.08. Assault of an Unborn Child. § 17.09. Knowledge Not a Defense. § 17.10. No Prohibition. § 17.01. Title. This Act may be cited or referred to as 'The Unborn Victims of Violence Act of 2016.' § 17.02. Legislative Statement and Intent. (a) I Liheslaturan Guåhan understands that the physical harm or death of an expectant woman could equally result in the p hysical harm and death to the unborn child in her womb. For the woman who desires to carry and care for her unborn child to term, the protection a nd safety of the living being in her womb is something she should not have to worry about.

hild in her womb. For the woman who desires to carry and care for her unborn child to term, the protection a nd safety of the living being in her womb is something she should not have to worry about. To this statement, former President George W. Bush once exp ressed, 'Any time an expectant mother is a victim of violence, two lives are in the balance, each deserving protection, and each deserving justice.' (b) I Liheslaturan Guåhan finds that 'The Unborn Victims of Violence Act of 2016' (Act) is a step toward protecting an e xpectant mother and her unborn child, and recognizes that an unborn child i s a legal victim if he or she is injured or killed during the commission of c rimes of violence. (c) I Liheslaturan Guåhan believes and further recognizes that while an expectant mother has a legal right to determine the fate of her unborn child, COL2920179 GCA CRIMES AND CORRECTIONS CH. 17 UNBORN VICTIMS OF VIOLENCE ACT 2 she should also be assured that any harm to her unb orn child caused from unwarranted and unexpected harm directed at her wil l result in additional criminal sanctions against the responsible person(s ). § 17.03. Definitions.

that any harm to her unb orn child caused from unwarranted and unexpected harm directed at her wil l result in additional criminal sanctions against the responsible person(s ). § 17.03. Definitions. For the purposes of this Chapter, the following ter ms are defined to mean: (a) person shall not include the pregnant woman who se unborn child is harmed; (b) unborn child shall mean a child in utero, and t he term 'child in utero' or 'child, who is in utero' means a membe r of the species homo sapiens, at any stage of development, who is c arried in the womb. § 17.04. Application. (a) This Chapter shall not apply to acts that cause bodily harm to an unborn child if those acts were committed during an y legal abortion, in accordance with Guam law. (b) This Chapter shall not apply to acts that were committed under usual and customary standards of medical practice d uring diagnostic testing or therapeutic treatment. § 17.05. Murder of an Unborn Child. (a) A person commits the offense of murder of an un born child if, in performing acts which cause the death of an unborn child without lawful jurisdiction, the person: (1) either intended to cause the death of, or cause serious bodily

murder of an un born child if, in performing acts which cause the death of an unborn child without lawful jurisdiction, the person: (1) either intended to cause the death of, or cause serious bodily injury to, the pregnant woman or her unborn child, or knew that such acts would cause death or serious bodily injury to the pregnant woman or her unborn child; or (2) commits such acts recklessly under circumstance s manifesting extreme indifference to the value of th e life of the pregnant woman or her unborn child. (b) The penalty for murder of an unborn child shall be the same as the penalty for murder defined in Chapter 16 of Title 9 , Guam Code Annotated. § 17.06. Manslaughter of an Unborn Child. COL2920179 GCA CRIMES AND CORRECTIONS CH. 17 UNBORN VICTIMS OF VIOLENCE ACT 3 (a) A person who kills an unborn child without lawf ul justification commits manslaughter of an unborn child if, at the time of the killing, the person was acting under a sudden and intense passio n resulting from serious provocation by another who the offender endeavors t o kill, but the person negligently or accidentally causes the death of the unborn child.

under a sudden and intense passio n resulting from serious provocation by another who the offender endeavors t o kill, but the person negligently or accidentally causes the death of the unborn child. (b) Manslaughter of an unborn child is a felony of the first degree and is punishable to the same extent and manner as the offense of manslaughter defined in Chapter 16 of Title 9, Guam Code Annotat ed. § 17.07. Aggravated Assault of an Unborn Child. (a) A person commits aggravated assault of an unbor n child when, in committing assault against a pregnant woman, he or she causes serious bodily injury to an unborn child. (b) Aggravated assault of an unborn child is punish able to the same extent and manner as the offense of aggravated assa ult in the second degree defined in Chapter 19 of Title 9, Guam Code Annotat ed. § 17.08. Assault of an Unborn Child. (a) A person commits assault of an unborn child if he or she, without legal justification and by any means, commits assau lt on a pregnant woman as defined in § 19.30 of Chapter 19, Title 9, Guam Code Annotated. (b) It is not a defense that no injury was caused t o the unborn child as a result of the assault.

mits assau lt on a pregnant woman as defined in § 19.30 of Chapter 19, Title 9, Guam Code Annotated. (b) It is not a defense that no injury was caused t o the unborn child as a result of the assault. (c) Assault of an unborn child is punishable to the same extent and manner as the offense of assault defined in Chapter 19 of Title 9, Guam Code Annotated. § 17.09. Knowledge Not a Defense. An offense committed under this Act does not requir e proof that: (a) the person committing the offense had knowledge or should have had knowledge that the victim of the underlyin g offense was pregnant; or (b) the person committing the offense did not inten d to cause the death of, or bodily injury to, the unborn child. § 17.10. No Prohibition. COL2920179 GCA CRIMES AND CORRECTIONS CH. 17 UNBORN VICTIMS OF VIOLENCE ACT 4 The provisions of this Act shall not be construed t o prohibit the prosecution of any person under any other provision of law. ---------- COL292017